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ORDINANCES AND RESOLUTIONS

OF THE

Mayor and City Council

OF BALTIMORE

PASSED AT THE ANNUAL SESSION 1978-1979

Baltimore

20th Century Printing Company, Inc.

City Printers

1979

57>i

ORDINANCES

PASSED AT THE ANNUAL SESSION
1978-1979

No. 918
(Council No. 1615)

An Ordinance to authorize the use of the property located
at the intersection of Park Heights Avenue and Seven Mile
Lane, as outlined in red on the plats accompanying this
ordinance, for multiple family dwellings containing more
than 100 dwelling units in the R-5 Zoning District, pur-
suant to Sections 4.5-ld and 11.0-6d of Article 30 of The
Baltimore City Code (1976 Edition), title 'The Zoning
Ordinance of Baltimore City".

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the property located at the intersection
of Park Heights Avenue and Seven Mile Lane, as outlined
in red on the plats accompanying this ordinance, be and it is
hereby authorized for multiple family dwellings containing
more than 100 dwelling units in the R-5 Zoning District,
pursuant to Sections 4.5-ld and 11.0-6d of Article 30 of The
Baltimore City Code (1976 Edition) title 'The Zoning Ordi-
nance of Baltimore City".

Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the authen-
ticity of the plat which is a part hereof and in order to give
notice to the departments which are administering the Zon-
ing Ordinance, the President of the City Council shall sign
the plat, and when the Mayor approves the ordinance, he
shall sign the plat. The City Treasurer shall then transmit a
copy of the ordinance and one of the plats to the following :
the Board of Municipal and Zoning Appeals, the Planning
Commission, the Commissioner of the Department of Hous-
ing and Community Development, the Commissioner of
Transit and Traffic and the Zoning Administrator.

4 ORDINANCES Ord. No. 919

Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of passage.

Approved December 7, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 919
(Council No. 1781)

An Ordinance to amend Sheet No. 53 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1976
Edition), title "Zoning" by changing from the M-2-1
Zoning District to the B-3-2 Zoning District the property
south of Franklin Street and west of Warwick Avenue,
as outlined in red on the plats accompanying this
ordinance.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 53 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1976 Edi-
tion) , title "Zoning" be and it is hereby amended by chang-
ing from the M-2-1 Zoning District to the B-3-2 Zoning
District the property south of Franklin Street and west of
Warwick Avenue, as outlined in red on the plats accom-
panying this ordinance.

Sec. 2. And be it further ordavned, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance the President of the City Council
shall sign the plat and, when the Mayor approves the or-
dinance, he shall sign the plat. The City Treasurer shall
then transmit a copy of the ordinance and one of the plats
to the following: the Board of Municipal and Zoning Ap-
peals, the Planning Commission, the Commissioner of the
Department of Housing and Community Development and
the Zoning Administrator.

ORDINANCES 5

Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved December 7, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 920
(Council No. 1782)

An Ordinance granting permission for the establishment,
maintenance, and operation of a drive-in restaurant on
the property located south of Franklin Street and west of
Warwick Avenue, as outlined in red on the plats accom-
panying this ordinance, under the provisions of Sections
6.3-ld-3 and 11.0-6 (d) of Article 30 of the Baltimore City
Code (1976 Edition) title "Zoning".

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission is hereby granted for the
establishment, maintenance and operation of a drive-in
restaurant on the property located south of Franklin Street
and west of Warwick Avenue, as outlined in red on the
plats accompanying this ordinance, under the provisions
of Sections 6.3-ld-3 and 11.0-6 (d) of Article 30 of the Bal-
timore City Code (1976 Edition), title "Zoning".

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved December 7, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 921
(Council No. 1744)

An Ordinance to authorize the establishment, maintenance
and operation of housing for the elderly, containing i&6

6 ORDINANCES Ord. No. 921

199 dwelling units on the property lying south of Conway
Street and west of Charles Street, as shown outlined in
red on the plat accompanying this ordinance, this ordi-
nance being ordained under the provisions of Sections
6.5-2d and 11.0-6d of Article 30 of the Baltimore City
Code (1976 Edition), title "Zoning Ordinance of Balti-
more City," as ordained by Ordinance 1051, approved
April 20, 1971, and as amended.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Mayor and City Council of Balti-
more hereby authorizes the establishment, maintenance,
and operation of housing for the elderly, containing 4&£
199 dwelling units on the property lying south of Conway
Street and west of Charles Street, as shown outlined in red
on the plat accompanying this ordinance, under and pur-
suant to the provisions of Sections 6.5-2d and 11.0-6d of
Article 30 of the Baltimore City Code (1976 Edition), title
"Zoning Ordinance of Baltimore City," as ordained by Or-
dinance 1051, approved April 20, 1971, and as amended.

Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof, and in
order to give notice to the departments which are adminis-
tering the Zoning Ordinance, the President of the City
Council shall sign the plat, and when the Mayor approves
the ordinance he shall sign the plat, The City Treasurer
shall then transmit a copy of the ordinance and the plat
to the following: The Board of Municipal and Zoning Ap-
peals, the Planning Commission, the Commissioner of the
Department of Housing and Community Development, the
Commissioner of Transit and Traffic, and the Zoning
Administrator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved December 8, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 7

No. 922
(Council No. 1783)

An Ordinance granting permission to Seton Hill Parking
Incorporated for the establishment, maintenance and
operation of an open area for the parking of motor ve-
hicles in the Orchard-Biddle Urban Renewal Project on
the properties known as 511 through 527 N. Paca Street,
423 George Street, and 514 through 520 Jasper Street, in
the B-5-1 and R-9 Zoning Districts, as outlined in red
on the plat accompanying this ordinance, under the pro-
visions of Sections 4.9-l.d., 9.0-3.C, 9.0-3.d., and 11.0-6.d.
of Article 30 of the Baltimore City Code (1976 Edition),
title "Zoning", concerning conditional uses and parking
lot districts.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission be and the same is hereby
granted to Seton Hill Parking Incorporated for the estab-
lishment, maintenance, and operation of an open area for
the parking of motor vehicles in the Orchard-Biddle Urban
Renewal Project on the properties known as 511 through
527 N. Paca Street, 423 George Street, and 514 through 520
Jasper Street, in the B-5-1 and R-9 Zoning Districts, as
outlined in red on the plat accompanying this ordinance,
under the provisions of Sections 4.9-l.d., 9.0-3.C, 9.0-3.d.,
and 11.0-6.d. of Article 30 of the Baltimore City Code (1976
Edition), title "Zoning" concerning conditional uses and
parking lot districts.

SEC. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to the
following: the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development, the Com-
missioner of Transit and Traffic, and the Zoning Admin-
istrator.

8 ORDINANCES Ord. No. 923

Sec. 3. And be it further ordained, That the provisions of
the aforesaid Sections 4.9-l.d., 9.0-3.C, 9.0-3.d., and 11.0-6.d.
of Article 30 of the Baltimore City Code (1976 Edition),
title "Zoning", shall be fully complied with.

Sec. 4. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved December 13, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 923
(Council No. 1911)

An Ordinance to repeal and re-ordain, with amendments,
Section 9 of Article 29 of the Baltimore City Code (1976
Edition), title "Water", subtitle "Bills", specifying that
the charge for the turning on of water is increased to
$14 £o£ flat £&te wator service a&4 £$£ motorod wat e r
Borvico is incr e as e d to $10.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 9 of Article 29 of the Baltimore
City Code (1976 Edition), title "Water", subtitle "Bills",
be and it is hereby repealed and re-ordained, with amend-
ments, to read as follows :

9. Cut off for non-payment.

All bills in arrears may be deemed a sufficient reason for
discontinuing water service until all arrearages are paid;
whenever the water is shut off for non-payment of water
charges, £five dollars] the sum of $4$ $10 shall be paid to the
Director of Finance m the ease of fiat <m£e toatcr charges
before the supply is turned on again, omd the sum of- $44

metered water charges before the supply is turned on
again; the owners of property will in all cases be held
responsible for the payment of water bills; all persons
using water without the knowledge of the Director of

ORDINANCES 9

Public Works, and all persons permitting their neighbors
(not entitled to use the water) to use the water without
a written permit from the Director of Public Works shall
be subject to a fine of not less than one dollar nor more
than ten dollars for each offense; and in such cases, the
Department of Public Works shall shut off the water from
the premises of all such persons; and no person or persons
will be permitted to introduce water on his, her or their
premises without the authority of the Department of Pub-
lic Works, and in case of discovery, the water shall be shut
off; provided, that nothing herein contained shall be con-
strued as to prevent any citizen from furnishing water,
in necessitous cases, in quantities not exceeding two gal-
lons. Any person tapping or causing to be tapped, any
pipe under the jurisdiction of the Department of Public
Works, shall be subject to a fine of twenty dollars; all
fines to be collected as other fines and forfeitures are now
collectable.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from date of passage.

Approved December 13, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 924
(Council No. 1913)

An Ordinance to approve the plan of development of the
5.267 acre tract of land, located on the south side of Lake
Avenue, between Bellona Avenue on the east, and
Meadowood Road on the west, and shown on the develop-
ment plan accompanying this ordinance, submitted to the
City Council by Lakewood Associates, acting as contract
purchaser of the 3.280 acre segment of the land, desig-
nated "Parcel A" on the development plan, and as agent
of 107 Associates, owner of that 3.280 acre segment, and
Allen A. Davis, Jr. and Isabelle Davis, his wife, owners
of the remaining 1.987 acre segment of the land, desig-

10 ORDINANCES Ord. No. 924

nated "Parcel B" on the development plan; and to au-
thorize development and maintenance of the land, as a
planned development; all pursuant to Sections 12.0-1 and
12.0-2 of Article 30 of the Baltimore City Code (1976
Edition), entitled "Zoning", as enacted by Ordinance
No. 1051, approved April 20, 1971, as amended.

Whereas, on September 18, 1978, Lakewood Associates,
as contract purchaser of the 3.280 acre segment of the
5.267 acre tract of land, located on the south side of Lake
Avenue, between Bellona Avenue on the east, and Mead-
owood Road on the west, and shown on the development
plan accompanying this ordinance, and as agent of 107
Associates, owner of that 3.280 acre segment, designated
"Parcel A" on the development plan, and Allen A. Davis,
Jr. and Isabelle Davis, his wife, owners of the remaining
1.987 acre segment of the land, designated "Parcel B" on
the development plan, met with the duly designated officer
of the Planning Commission of Baltimore City, and held a
preliminary conference with such officer, as to and about
the scope and nature of the proposed planned development
on the land, preparatory to official submission to the City
Council of a formal application for consideration of the
planned development on the land, and, thereafter, made
formal application to the City Council for (i) approval of
the plan of development of the land, as shown on the de-
velopment plan accompanying this ordinance, entitled
"Lakewood Planned Development", comprised of Sheet 1,
Location Plan, Sheet 2, Site Plan — Parcel A, Sheet 3, Land-
scape — Parcel A, Sheet 4, Typical Group Front Elevation —
Parcel A, Sheet 5, Section & Elevations — Parcel A, and
Sheet 6, Floor Plans — Parcel A, submitted by Lakewood
Associates with its application, and (ii) authorization to
develop and maintain the land, as a planned development,
in accordance with the approved plan of development, all
by ordinance enacted pursuant to Sections 12.0-1 and 12.0-2
of Article 30 of the Baltimore City Code (1976 Edition),
entitled "Zoning", as enacted by Ordinance No. 1051, ap-
proved April 20, 1971, as amended; now, therefore,

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the plan of development of the 5.267
acre tract of land, located on the south side of Lake Avenue,

ORDINANCES 11

between Bellona Avenue on the east, and Meadowood Road
on the west, as shown on the development plan accom-
panying this ordinance, entitled "Lakewood Planned De-
velopment", comprised of Sheet 1, Location Plan, Sheet 2,
Site Plan — Parcel A, Sheet 3, Landscape — Parcel A, Sheet
4, Typical Group Front Elevation — Parcel A, Sheet 5, Sec-
tion & Elevations — Parcel A, and Sheet 6, Floor Plans —
Parcel A, be and the same is hereby approved, and devel-
opment and maintenance of the land, as a planned develop-
ment, in accordance with the approved plan of develop-
ment, be and the same is hereby authorized, all pursuant to
Sections 12.0-1 and 12.0-2 of Article 30 of the Baltimore
City Code (1976 Edition), entitled "Zoning", as enacted by
Ordinance No. 1051, approved April 20, 1971, as amended,
hereinafter called "Zoning Ordinance", to the end and in-
tent that the approved planned development, hereby estab-
lished on the land, be delineated and designated on Sheet 5
of the Zoning Maps of the Zoning Ordinance, and that de-
velopment and maintenance of the land conform to the
details and specifications of the approved plan of develop-
ment, as to uses, lot areas and coverages, density, yards,
building heights, floor area ratios and off-street parking, in
lieu of those otherwise applicable in the R-l Single-Family
Residence District in which the land is located, so as to
produce a well designed development that will have a bene-
ficial effect upon tho health, safety, security and general
welfare of neighboring areas and the City generally.

Sec. 2. And be it further ordained, That the 1.987 acre
segment of the land, designated "Parcel B" on the develop-
ment plan, be held for future development, as shown on the
development plan, and no other development of the 1.987
acre segment of the land (Parcel B) shall be allowed un-
less the plan therefor is processed as another application.

Sec. 3. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the development plan which is a part hereof
and in order to give notice to the departments which are
administering the Zoning Ordinance, the President of the
City Council shall sign the development plan, and when
the Mayor approves the ordinance, he shall sign the devel-
opment plan. The City Treasurer shall then transmit a

12 ORDINANCES Ord. No. 925

copy of the ordinance and one of the development plans to
the Board of Municipal and Zoning Appeals, the Planning
Commission, the Commissioner of the Department of
Housing and Community Development, and the Zoning
Administrator.

Sec. 4. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved December 13, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 925

(Council No. 1919)

An Ordinance to comply with the requirements of Sub-
section 1400(d), Section 140, Chapter 14 of Article 32 of
the Baltimore City Code (1976 Edition), title "The Build-
ing Code of Baltimore City," and to authorize an appli-
cation for a permit to construct an off-street parking
garage for the storage of more than 3 motor vehicles on
the property bounded by North Payson Street on the east,
West Baltimore Street on the south, North Pulaski Street
on the west and West Fayette Street on the north, within
300 feet of a hospital.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That in compliance with the provisions of
Subsection 1400(d), Section 140, Chapter 14 of Article
32 of the Baltimore City Code (1976 Edition), the assent
of the Mayor and City Council of Baltimore be and the same
is hereby given to Bon Secours Hospital, Incorporated to
make application for a permit to construct a garage for the
storage of more than 3 motor vehicles on the property
bounded by North Payson Street on the east, West Balti-
more Street on the south, North Pulaski Street on the west
and West Fayette Street on the north, within 300 feet of
a hospital. Except as in this ordinance specifically provided,
all ordinances and regulations of the Mayor and City Coun-

ORDINANCES 13

cil of Baltimore shall be complied with in the construction,
erection, maintenance and use of the off-street parking
garage.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved December 13, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 926

(Council No. 1928)

An Ordinance prohibiting parking on the north side of Al-
pine Road in the vicinity of Wilmslow Road.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That parking is prohibited on the north side of
Alpine Road from a point 80 feet east of Wilmslow Road
to a point approximately 200 feet east of Wilmslow Road.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved December 13, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 927
(Council No. 1992)

An Ordinance designating as a "Renewal Area" an area
situate in Baltimore City, Maryland known as Barclay
Village -, bounded generally by North Avenue on the south,
Hargrove Street on the west, 25th Street on the north,
and Greenmount Avenue on the east; approving a Re-
newal Plan for Barclay Villago ; authorizing the acquisi-

14 ORDINANCES Ord. No. 927

tion by purchase or by condemnation, for urban renewal
purposes, of the fee simple interest or any lesser interest
in and to certain properties within Barclay Village ; rec-
ommending a zoning district change from O-R-2 to R-8
of certain portions of land within the project area; pro-
viding that the approval of said Renewal Plan is not an
enactment of the proposed amendment to the Zoning
Ordinance; providing for review by the Department of
Housing and Community Development of all plans for
new construction, exterior rehabilitation, or change in
use of properties within Barclay Village ; establishing
procedures for the issuance and denial of demolition per-
mits; providing that in selling land in the Barclay Vil-
lage area the Department of Housing and Community
Development shall require that developers agree in writ-
ing not to discriminate in the sale, lease, use or occu-
pancy of the property developed by them against any
person because of national origin, race, religion, sex or
color ; designating certain properties containing non-con-
forming uses according to the Zoning Ordinance of
Baltimore City and non-complying uses according to the
land use regulations contained in the Plan ; waiving such
requirements, if any, as to content or procedure for the
preparation, adoption, and approval of renewal plans
as set forth in Section 25 of Article 13 of the Baltimore
City Code (1977 Cumulative Supplomont) (1976 EDI-
TION, AS AMENDED), which the Renewal Plan for
Barclay Village may not meet ; providing for the separa-
bility of the various parts and applications of this ordi-
nance; providing that where the provisions of this
ordinance shall conflict with any zoning, building, elec-
trical, plumbing, health, fire or safety ordinance or code
or regulation in force in the City of Baltimore, this
ordinance shall prevail; providing that to the extent
that this ordinance shall conflict with any other ordi-
nance in force in the City of Baltimore relating to urban
renewal, this ordinance shall prevail ; and providing for
the effective date hereof.

Whereas, the basic goal of the City of Baltimore for
Barclay Village is to achieve a strong residential neighbor-
hood, including supporting commercial and public facili-
ties; and

ORDINANCES 15

Whereas, in accordance with the provisions of Section
25 of Article 13 of the Baltimore City Code (1977 Cumula
tfre Supplomont) (1976 EDITION, AS AMENDED), the
Barclay Village area has been found to be in need of un-
dertakings and activities for the elimination, the correc-
tion, or the prevention of the development or the spread of
slums, blight, or deterioration ; and

Whereas, the Commissioner of the Department of Hous-
ing and Community Development, after consultation with
the Director of the Department of Planning, acting pur-
suant to powers vested by Section 23(a) of Article 13 of
the Baltimore City Code (1977 Cumulative Supplomont)
(1976 EDITION, AS AMENDED), has heretofore deter-
mined that the Barclay Village area, as hereinbelow more
particularly described, may be benefited through the exer-
cise of those functions and powers of the City of Baltimore
which are vested in the Department of Housing and Com-
munity Development by said Section 23(a), and has rec-
ommended to the City Council that an ordinance be passed
to designate the entire Barclay Village area as a "Renewal
Area"; and

Whereas, under Section 25 of Article 13 of the Balti-
more City Code (1977 Cumulative Supplomont) (1976 EDI-
TION, AS AMENDED), the Department of Housing and
Community Development is authorized to prepare and ad-
minister renewal plans in renewal areas; and

Whereas, the Department of Housing and Community
Development has prepared a Renewal Plan for Barclay
Village , consisting of a cover page, a table of contents, thir-
teen (13) pages of text, and four (4) Exhibits; and

Whereas, the Renewal Plan for Barclay Village was
approved by the Director of the Department of Planning
on October 4, 1978 with respect to its conformity as to the
Master Plan, the detailed location of any public improve-
ments proposed in the Renewal Plan, its conformity to the
rules and regulations for subdivisions, and all zoning
changes proposed in the Plan; and the Renewal Plan was
approved and recommended to the Mayor and City Council
of Baltimore by the Commissioner of the Department of
Housing and Community Development on October 5, 1978;
now, therefore,

16 ORDINANCES Ord. No. 927

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That it is hereby found and determined that
the area known as Barclay Village , as hereinbelow more
particularly described, may be benefited through the exer-
cise of the functions and powers vested in the Department
of Housing and Community Development:

Beginning for the same at the intersection on the south
side of North Avenue and the east side of Greenmount
Avenue; thence from said point of beginning and binding
on the south side of North Avenue westerly to intersect
an extension of the division line between Lots 1 and 18,
Ward 12, Section 8, Block 3801; thence binding on said
extension and the division line northerly to intersect the
south side of a 10-foot alley; thence binding on the south
side of said 10-foot alley easterly to the western property
line of Lot 18, Ward 12, Section 8, Block 3801; thence
binding on said property line northerly to intersect the
south side of 20th Street; thence crossing 20th Street
northeasterly to intersect the west side of Hargrove Street ;
thence binding on the west side of Hargrove Street nor-
therly to intersect the north side of 25th Street; thence
binding on the north side of 25th Street easterly to inter-
sect the east side of Greenmount Avenue; thence binding
on the east side of Greenmount Avenue southerly to the
point of beginning.

Sec. 2. And be it further ordained, That it is necessary to
acquire by purchase or by condemnation, for urban renewal
purposes, the fee simple interest or any lesser interest in
and to certain properties or portions thereof, together with
all rights, title, interest, and estate that the owner or
owners of said property interests may have in all streets,
alleys, ways or lanes, public or private, abutting said
properties, situate in Baltimore City, Maryland, and de-
scribed as follows:

2000 Barclay Street

2004 Barclay Street

2012 Barclay Street

2018 Barclay Street

2100 Barclay Street

2102 Barclay Street

2111 Barclay Street

ORDINANCES 17

2115 Barclay Street

2204 Barclay Street

2206 Barclay Street
2223 Barclay Street
2225 Barclay Street
2311 Barclay Street
2319 Barclay Street
2326 Barclay Street
2423 Barclay Street
2439 Barclay Street

2018 N. Calvert Street

2201 N. Calvert Street

2203 N. Calvert Street

2205 N. Calvert Street

2207 N. Calvert Street
2209 N. Calvert Street
2211 N. Calvert Street
2213 N. Calvert Street
2215 N. Calvert Street
2217 N. Calvert Street
2219 N. Calvert Street
2221 N. Calvert Street
2223 N. Calvert Street
2225 N. Calvert Street
2227 N. Calvert Street
2229 N. Calvert Street
2231 N. Calvert Street
2233 N. Calvert Street

339 Camp Street

1915 Guilford Avenue
1917 Guilford Avenue
1927 Guilford Avenue
2003 Guilford Avenue
2009 Guilford Avenue
2109 Guilford Avenue
2111 Guilford Avenue
2113 Guilford Avenue
2115 Guilford Avenue
2229 Guilford Avenue
2231 Guilford Avenue
2315 Guilford Avenue

18 ORDINANCES Ord. No. 927

2200 Hunter Street

2202 Hunter Street

2204 Hunter Street

2206 Hunter Street

2208 Hunter Street

2210 Hunter Street

2212 Hunter Street

2214 Hunter Street

400 E. North Avenue

402 E. North Avenue

412 E. North Avenue

414 E. North Avenue

416 E. North Avenue

418 E. North Avenue

430 E. North Avenue

432 E. North Avenue

300 Worsley Street
302 Worsley Street
304 Worsley Street
306 Worsley Street
308 Worsley Street
310 Worsley Street
312 Worsley Street
314 Worsley Street
316 Worsley Street
318 Worsley Street
320 Worsley Street
322 Worsley Street
324 Worsley Street

326 Worsley Street
328 Worsley Street
422 Worsley Street
424 Worsley Street
432 Worsley Street
434 Worsley Street

304 E. 20th Street

306 E. 20th Street

316 E. 20th Street

322 E. 20th Street

323 E. 20th Street

327 E. 20th Street

ORDINANCES 19

331 E. 20th Street

332 E. 20th Street

334 E. 20th Street

335 E. 20th Street

341 E. 20th Street

342 E. 20th Street
400 E. 20th Street
404 E. 20th Street

407 E. 20th Street

409 E. 20th Street

410 E. 20th Street

411 E. 20th Street
414 E. 20th Street

419 E. 20th Street

420 E. 20th Street

425 E. 20th Street

426 E. 20th Street

427 E. 20th Street
439-41 E. 20th Street

440 E. 20th Street

300 E. 20i/ 2 Street
302 E. 20% Street
304 E. 201/2 Street
306 E. 201/2 Street

312 E. 201/2 Street

314 E. 201/2 Street

316 E. 2OI/2 Street

320 E. 2OV2 Street
322 E. 201/2 Street
328 E. 201/2 Street

301 E. 21st Street
310 E. 21st Street

313 E. 21st Street

315 E. 21st Street

408 E. 21st Street
417 E. 21st Street

303-13 E. 2IV2 Street

317 E. 2IV2 Street
319 E. 2IV2 Street

321 E. 2IV2 Street
325 E. 211/2 Street

20 ORDINANCES Ord. No. 927

327 E. 211/, street

329

2iy 2

Street

331

21%

Street

333

211/p

Street

403

211/7

Street

405

211/9

Street

407

21i/>

Street

409

211/9

Street

411

2H/9

Street

413 E. 211/9 Street

415 E. 21i/> Street

417 E. 211/9 Street

419 E. 211/2 Street

200 E. 22nd Street

202 E. 22nd Street

204 E. 22nd Street
216 E. 22nd Street
224 E. 22nd Street
312 E. 22nd Street
317 E. 22nd Street

329 E. 22nd Street

342 E. 22nd Street

343 E. 22nd Street
411 E. 22nd Street
424 E. 22nd Street
428 E. 22nd Street

312 E. 22i/> Street

316 E. 221/4 Street

320 E. 221/4 Street

324 E. 2214 Street

326 E. 221/4 Street

201 E. 23rd Street

203 E. 23rd Street

205 E. 23rd Street

308 E. 23rd Street

319 E. 23rd Street

330 E. 23rd Street
401 E. 23rd Street
403 E. 23rd Street

401 E. 24th Street

ORDINANCES 21

403 E. 24th Street
405 E. 24th Street
407 E. 24th Street

Ward 12, Section 14, Block 3824, Lot 50
Ward 12, Section 14, Block 3824, Lot 51
Ward 12, Section 14, Block 3824, Lot 52

Sec. 3. And be it further ordained, That it may be neces-
sary to acquire by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser
interest in and to such of the remaining properties or
portions thereof together with all rights, title, interest, and
estate that the owner or owners of said property interests
may have in all streets, alleys, ways or lanes, public or
private, abutting said properties in Barclay Village not
specifically designated for acquisition in Section 2 of this
ordinance, as may be deemed necessary and proper by the
Commissioner of the Department of Housing and Commu-
nity Development to effect the proper implementation of
the project. These properties may include :

(a) any property in the project area containing a non-
salvable structure, i.e., a structure which in the opinion of
the Commissioner of the Department of Housing and Com-
munity Development cannot be economically rehabilitated;

(b) any property the owner of which is unable or un-
willing to comply or conform to the codes and ordinances
of Baltimore City within 12 months from the date of
written notice of the required improvements. The Depart-
ment of Housing and Community Development, after due
consideration that the property owner has failed to achieve
substantial conformity with the codes and ordinances of
Baltimore City, may acquire such property pursuant to the
Eminent Domain Law of this State as if the property had
originally been planned for acquisition after 90 days' writ-
ten notice to the owner. The Department of Housing and
Community Development reserves the right to acquire any
such non-complying property for a period of two (2) years
from the date of said written 90 days' notice by the De-
partment of Housing and Community Development.

Sec. 4. And be it further ordained, That it may be neces-
sary to acquire by purchase or by condemnation, for urban

22 ORDINANCES Ord. No. 927

renewal purposes, the fee simple interest or any lesser
interest in and to such of the remaining properties or por-
tions thereof together with all rights, title, interest, and
estate that the owner or owners of said property interests
may have in all streets, alleys, ways or lanes, public or
private, abutting said properties in Barclay Village not
designated for acquisition in addition to those properties
enumerated in Sections 2 and 3 of this ordinance, in order
to carry out rehabilitation by the Department of Housing
and Community Development because :

(a) it is necessary to make residential structures avail-
able for use for low- and moderate-income families; or

(b) rehabilitation on a structure-by-structure basis is
infeasible, and assemblage of a group of properties is re-
quired to carry out the objectives set forth in this plan ; or

(c) rehabilitation of individual, scattered properties is
necessary in order to remove blighting influences from
otherwise sound residential blocks.

Sec. 5. And be it further ordained, That upon acquisi-
tion of the properties mentioned in Sections 3 and 4 of
this ordinance, the Department of Housing and Commu-
nity Development will either:

(a) demolish the structure or structures thereon and
dispose of the land for redevelopment for uses in accord-
ance with this Plan ; or

(b) sell or lease the property subject to rehabilitation
in conformance with the codes and ordinances of Baltimore
City; or

(c) rehabilitate the property in conformance with the
codes and ordinances of Baltimore City and dispose of the
property in accordance with the applicable regulations. If
sale cannot be consummated by the time rehabilitation is
accomplished, property may be rented pending continuing
sale efforts.

Sec. 6. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such persons and in such manner as the Board of Esti-

ORDINANCES 23

mates, in the exercise of the power vested in it by Article
V, Section 5, of the Baltimore City Charter, may here-
after from time to time designate is or are authorized to
acquire on behalf of the Mayor and City Council of Balti-
more and for the purposes described in this ordinance the
fee simple interest or any lesser interest in and to the
properties or portions thereof hereinabove mentioned. If
the Real Estate Acquisition Division of the Department of
the Comptroller, or such person or persons and in such
manner as the Board of Estimates, in the exercise of power
vested in it by Article V, Section 5, of the Baltimore City
Charter, may hereafter from time to time designate, is or
are unable to agree with the owner or owners on the pur-
chase price for said properties or portions thereof, it or
they shall forthwith notify the City Solicitor of Baltimore
City, who shall thereupon institute in the name of the
Mayor and City Council of Baltimore the necessary legal
proceedings to acquire by condemnation the fee simple
interest or any lesser interest in and to said properties or
portions thereof.

Sec. 7. And be it further ordained, That all plans for
new construction (including parking lots), exterior reha-
bilitation, or change in use of any property not to be
acquired under the provisions of the Urban Renewal Plan
shall be submitted to the Department of Housing and Com-
munity Development for review. Only upon finding that the
proposed plans are consistent with the objectives of the
Urban Renewal Plan shall the Commissioner of the De-
partment of Housing and Community Development au-
thorize the processing of the plans for issuance of a build-
ing permit. The provisions of this section are in addition
to and not in lieu of all other applicable laws and ordi-
nances relating to new construction.

Sec. 8. And be it further ordained, That all applications
for demolition permits shall be submitted to the Depart-
ment of Housing and Community Development for review
and approval. Upon finding that the proposed demolition
is consistent with the objectives of the Urban Renewal
Plan, the Commissioner of the Department of Housing and
Community Development shall authorize the issuance of
the necessary permit. If the Commissioner finds that the

24 ORDINANCES Ord. No. 927

proposal is inconsistent with the objectives of the Urban
Renewal Plan and therefore denies the issuance of the
permit, he shall, within 90 days of such denial, seek ap-
proval of the Board of Estimates to acquire for and on
behalf of the Mayor and City Council of Baltimore the
property, in whole or in part, on which said demolition
was to have occurred by purchase, lease, condemnation,
gift or other legal means for the renovation, rehabilitation
and disposition thereof. In the event that the Board of
Estimates does not authorize the acquisition, the Commis-
sioner shall, without delay, issue the demolition permit.

Sec. 9. Be it further ordained, That in selling or other-
wise disposing of property in the Barclay Village area, the
Department of Housing and Community Development shall
require that the developers agree in writing not to dis-
criminate in the sale, lease, use or occupancy of the prop-
erty developed by them against any person because of race,
religion, color, sex or national origin.

Sec. 10. And be it further ordained, That in whatever
respect, if any, the Renewal Plan approved hereby for the
Barclay Village area may not meet the requirements as to
the content of a Renewal Plan or the procedure for the
preparation, adoption, and approval of Renewal Plans as
provided in Section 25 of Article 13 of the Baltimore City
Code 419W Cumulative Supplement) (1976 EDITION, AS
AMENDED), the said requirements are hereby waived
and the Renewal Plan approved hereby is exempted there-
from.

Sec. 11. And be it further ordained, That in the event
it be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part is invalid, the remain-
ing provisions and application of such provisions to other
persons or circumstances shall not be affected thereby, the
Mayor and City Council hereby declaring that they would
have ordained the remaining provisions of this ordinance
without the word, phrase, clause, sentence, paragraph, sec-
tion or part or the application thereof so held invalid.

Sec. 12. And be it further ordained, That in any case
where a provision of this ordinance concerns the same sub-

ORDINANCES 25

ject matter as an existing provision of any zoning, build-
ing, electrical, plumbing, health, fire or safety ordinance or
code or regulation, the applicable provisions concerned
shall be construed so as to give effect to each; provided,
however, that if such provisions are found to be in irrecon-
cilable conflict, the provision which establishes the higher
standard for the promotion and protection of the public
health and safety shall prevail. In any case where a provi-
sion of this ordinance is found to be in conflict with an
existing provision of any other ordinance or code or regu-
lation in force in the City of Baltimore which establishes
a lower standard for the promotion and protection of the
public health and safety, the provision of this ordinance
shall prevail, and the other existing provision of such other
ordinance or code or regulation is hereby repealed to the
extent that it may be found in conflict with this ordinance.

Sec. 13. And be it further ordained, That to the extent
that this ordinance shall conflict with any other ordinance
in effect in the City of Baltimore relating to urban re-
newal, the terms and conditions of this ordinance shall
prevail.

Sec. 14. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved December 13, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 928
(Council No. 2038)

An Ordinance to authorize Mayor and City Council of
Baltimore to borrow, as a limited obligation and not
upon the full faith and credit of Mayor and City Council
of Baltimore, in accordance with the Maryland Indus-
trial Development Financing Authority Act, a sum of
money not to exceed One Million Five Hundred Fifty
Thousand Dollars ($1,550,000.00), to use such money

26 ORDINANCES Ord. No. 928

for the purpose of defraying the cost of acquiring cer-
tain real property located at 2001-2031 Kloman Street,
Ward 25, Section 5, Block 7612, Lot I, Baltimore, Mary-
land, and constructing certain improvements thereon ; to
lease the aforesaid real property and improvements to
Charles W. Thomas and Loretta Thomas a»4 J. Edgar
Steigerwald a»4 tois Stoigorwald> T/A Charloswald ,
who will sublease the aforesaid real property and im-
provements to McNamara Fabricators, Inc.; to execute
any and all documents necessary to effectuate and to se-
cure payment of the aforesaid borrowing, acquisition,
construction and leasing; to provide that the full faith
and credit of Mayor and City Council of Baltimore shall
not be deemed to be pledged hereby ; and conferring and
imposing upon the Department of Housing and Commu-
nity Development certain powers and duties.

Whereas, Ordinance No. 1022, approved November 24,
1975, was enacted transferring all the duties and responsi-
bilities of Baltimore City Economic Development Commis-
sion to the Department of Housing and Community Devel-
opment thereby vesting in such Department certain powers
and duties to be exercised in connection with aiding the
industrial growth of Baltimore City; and

Whereas, Mayor and City Council of Baltimore (the
"City") has received a letter of intent dated June 14, 1978
(the "Letter of Intent") from Charles W. Thomas ET AL

TTTTTT -I— J f l'UU Cli ^TTTTTTTCTn U11U "A 1 3Z2 \A ^ WT" Kj L^!? J. ^ v JT TT CVXTI CI J. J. LI -I— i\J ±X3 KJT?\^±

gorwald, T/A Charloswald 4£he "Lossoos") requesting the
City to participate in the financing of the acquisition of a
certain "industrial project" to be located in Baltimore
City, Maryland, and more particularly described in the
Letter of Intent by borrowing from The Equitable Trust
Company, a Maryland banking corporation (the "Bank"),
a sum of money not to exceed One Million Five Hundred
Fifty Thousand Dollars ($1,550,000.00) pursuant to Sec-
tions 266J to 266CC, inclusive, of Article 41 of the Anno-
tated Code of Maryland (1978 Replacement Volume), as
amended (the "MIDFA Act") ; and

Whereas, Section 266W of the MIDFA Act provides,
among other things, that a municipality of the State of
Maryland, notwithstanding the provisions of any charter

ORDINANCES 27

and without in any event pledging its full faith and credit
in support of a mortgage, is fully enabled and empowered
to borrow money and to execute a mortgage as security
for the purpose of defraying the cost of acquiring any
industrial project approved by the Maryland Industrial
Development Financing Authority ("MIDFA") ; and

Whereas, Section 266W(a) of the MIDFA Act provides
that the "industrial project'' is to be acquired for a "bona
fide tenant", as evidenced by a letter of intent or similar
agreement between the prospective tenant and the munici-
pality borrowing the money; and

Whereas, MIDFA has approved the industrial project
as described generally in the Letter of Intent and has
agreed to insure a note -(fhs "Fir s t Note") dated fely
2Sy 1976 in- the principal amount of the First Loan a»4
socurod fey a 4ee4 of trust 44he "First Dood of Trust")
dated J-uiy 2£y 43-T& fey an4 between the €ity a»4 Alan £r
Hoblitzoll, J^ et al? trust ee s, covering the Promises an4
aforesaid improv e ments a»4 equipment; a«4 PORTION OF
THE MORTGAGE PAYMENTS (AS DEFINED IN THE
MIDFA ACT) , UPON THE TERMS AND CONDITIONS
SET FORTH IN ITS COMMITMENT LETTER TO THE
LESSEES DATED JUNE 27, 1978 AND AN INSUR-
ANCE AGREEMENT (THE "INSURANCE AGREE-
MENT") TO BE EXECUTED BY THE CITY, THE
BANK, AND MIDFA, THE FORM AND SUBSTANCE
OF WHICH SHALL BE APPROVED BY THE BOARD
OF ESTIMATES OF THE CITY AS HEREINAFTER
PROVIDED ; AND

Whereas, the City has received a l e tt e r of int e nt datod
August 4&r 497S 4the - L e tt e r of Int e nt") from the Lossoos
a«4 Manor Hill requesting the Gity to participate i» the
financing of the acquisition of a second industrial project
to fee locatod on- the Promise ^ a»4 more particularly de-
scribod in the Letter of Intent fey borrowing from the
Bank, a sum of mon e y not to exceed Throe Hundred Thirty
Thousand Dollars ($330,000.00) pursuant to S e ction s 2S6J
to 266CC ? inclusive, of Articl e 41 of the Annotated Cod e
of Maryland (1978 Roplacomont Volum e ), as amended 4the
"MIDFA Act"); aa4

28 ORDINANCES Ord. No. 928

Whereas, Soction 266W of the MIDFA Aot provides,
among other things, that a municipality of tho Stat e of
Maryland, notwithstanding the provisions of a»y chart e r
a»4 without i» any event pledging its f«41 faith an4 cr e dit
i» support of a mortgage, is fully enabled and ompoworod
to borrow money and to oxocuto a mortgago as security
fo£ tho purpos e of defraying the oost of acquiring any
industrial proj e ct approved by the Maryland Industrial
Development Financing Authority ("MIDFA"); an4

Whoroa s , S o ction 266W(a) of the MIDFA Aot provides
that the "industrial project" is to be acquired fo£ a "bona
fide tenant", as e vid e nced by a l e tter of intent oj? similar
agreement between the prospective tenant and the munici -
pality borrowing the money; an4

Whereas, MIDFA has approved the industrial project
as described g e nerally i» the Lottor of Int e nt and has
agreed to insuro a portion of the mortgage payments 4as
d e fin e d in- tho MIDFA Act), upon the t e rms and condi -
tions set forth m its commitment l e tt e r to the Lessees and
Manor Hili and an Insurance Agreement (tho "Insuranc e
Agreement") to be executed by tho City, the Bank, an4
MIDFA, the form an4 substanc o of which shall bo ap-
provod by tho Board of Estimates of the City as herein -
after provided; an4

Whereas, the City has determined, based upon the find-
ings and determinations hereinafter set forth, that it is in
the best interests of the citizens of Baltimore, Maryland,
that the City accept the Letter of Intent, and participate
in the financing of the industrial project, as described
generally in the Letter of Intent.

Now therefore, pursuant to and in accordance with the
provisions of the MIDFA Act :

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That it is hereby found and determined as
follows :

ORDINANCES 29

to avoid the relocation of industry from the State of Mary-
land, to increase employment, and to provide a larger
taxable base for the economy of the State of Maryland,
resulting in new and expanded industrial enterprises to
provide enlarged opportunities for gainful employment by
the people of Maryland, and thus to insure the preserva-
tion and betterment of the economy of the State of Mary-
land, and accordingly, it is in the best interests of the
citizens of Baltimore, Maryland, that the City participate
in the financing of the acquisition of the Second Industrial
Project (hereinafter denned) ; ^ate 0*1 the Loam Inter e st
shall fee calculated e» the basis of a &£Q 4ay yea^ factor
applied to actual days elapsed.

(B) AS EVIDENCED BY THE LETTER OF IN-
TENT, THE INDUSTRIAL PROJECT (HEREINAFTER
DEFINED) IS TO BE ACQUIRED FOR THE LESSEES,
AND TO BE SUBLEASED BY THE LESSEES TO
MCNAMARA FABRICATORS, INC. (THE "SUBLES-
SEE") BOTH OF WHICH ARE "BONA FIDE TEN-
ANTS", AS MENTIONED IN THE MIDFA ACT; AND
(C) MIDFA HAS APPROVED THE INDUSTRIAL
PROJECT (HEREINAFTER DEFINED), AND HAS
AGREED TO INSURE A PORTION OF THE MORT-
GAGE PAYMENTS (AS DEFINED IN THE MIDFA
ACT), UPON THE TERMS AND CONDITIONS SET
FORTH IN ITS COMMITMENT LETTER TO THE
LESSEES DATED JUNE 27, 1978 AND THE INSUR-
ANCE AGREEMENT.

SEC. 2. AND BE IT FURTHER ORDAINED, THAT
THE CITY BE AND IT IS HEREBY FULLY AUTHOR-
IZED AND EMPOWERED TO BORROW FROM THE
BANK, A SUM OF MONEY NOT TO EXCEED ONE
MILLION FIVE HUNDRED FIFTY THOUSAND DOL-
LARS ($1,550,000.00) (THE "LOAN") FOR A TERM
NOT TO EXCEED TWENTY-ONE (21) YEARS AT
THE PER ANNUM RATE WHICH IS AT ALL TIMES
EQUAL TO SEVEN AND THREE-QUARTERS PER
CENT (734%) PER ANNUM, EXCEPT IN THE EVENT
THAT IT IS AT ANY TIME DETERMINED THAT
SUCH INTEREST IS FOR ANY REASON NOT EX-
EMPT FROM FEDERAL INCOME TAXES AND EX-

30 ORDINANCES Ord. No. 928

CEPT IN THE EVENT THAT ANY PAYMENT OF
INTEREST OR PRINCIPAL SHALL NOT BE PAID ON
THE DATE ON WHICH SUCH PAYMENT IS DUE. IF
AT ANY TIME IT IS DETERMINED THAT SUCH
INTEREST IS NOT EXEMPT FROM FEDERAL IN-
COME TAXES, THE RATE OF INTEREST PAYABLE
ON THE LOAN SHALL BE INCREASED, RETROAC-
TIVELY AND PROSPECTIVELY, TO 13% PER AN-
NUM. IN THE EVENT THAT ANY PAYMENT OF
INTEREST OR PRINCIPAL SHALL NOT BE PAID ON
THE DATE ON WHICH SUCH PAYMENT IS DUE,
SUCH PAYMENT OF INTEREST AND/OR PRINCI-
PAL SHALL BEAR INTEREST AT THE RATE WHICH
IS 1% PER ANNUM IN EXCESS OF THE THEN CUR-
RENT INTEREST RATE ON THE LOAN. INTEREST
SHALL BE CALCULATED ON THE BASIS OF A 360-
DAY YEAR FACTOR APPLIED TO ACTUAL DAYS
ELAPSED.

Sec. 3. And be it further ordained, That the City use
the proceeds of the Loan for the purpose of defraying the
cost of (a) acquiring (by negotiation and not by eminent
domain) the real property located at 2001-2031 Kloman
Street, Ward 25, Section 5, Block 7612, Lot I, Baltimore,
Maryland (the "Premises"), and (b) constructing certain
improvements thereon for use by the Lessees and the Sub-
lessee in connection with their business operations (the
"Improvements"), (the Premises and Improvements being
hereinafter sometimes collectively referred to as the "In-
dustrial Project").

Sec. 4. And be it further ordained, That the City lease
the Industrial Project to the Lessees pursuant to the terms
and provisions of a lease agreement to be entered into
between the City and the Lessees (the "Lease"), the form
and content of such Lease to be approved by the Board
of Estimates as hereinafter provided. The Lessee will,
simultaneously with the execution and delivery of the
Lease, sublease the Industrial Project to the Sublessee.

Sec. 5. And be it further ordained, That, as described
generally in the Letter of Intent and as contemplated by
the MIDFA Act:

ORDINANCES 31

(a) the Loan will be secured by a Deed of Trust cov-
ering the Industrial Project, executed by the City without
in any event pledging its full faith and credit, and will be
repaid by the City solely from the revenue derived from
rental payments to be made by the Lessees to the City
pursuant to the Lease and from any other source permitted
by the MIDFA Act and approved by the City, the Lessees,
the Sublessee and the Bank ;

(t>) The Lessess will make rental payments under the
Lease sufficient to pay (i) the principal of and interest on
the Loan, (ii) all taxes and payments in lieu of taxes, and
(iii) any expenses incurred by the City in connection with
the administration of the Loan, all as the same become due
and payable; and

Sec. 6. And be it further ordained, That the City will
not incur any liability, direct or indirect, or any cost,
direct or indirect, in connection with the aforesaid borrow-
ing or the acquisition of the Industrial Project, and the
Industrial Project will be acquired so as to conform to the
requirements of the Lessees ; accordingly, the Lessees shall
(i) select and work with the suppliers and contractors
which will provide, construct, and improve the Industrial
Project and negotiate and approve all contracts, construc-
tion plans, specifications, and all financing arrangements
in connection with the acquisition of the Industrial Proj-
ect, and (ii) pay all necessary costs incurred by or on
behalf of the City in connection with the aforesaid financ-
ing, including the administration thereof, and in connec-
tion with the acquisition of the Industrial Project, includ-
ing (without limitation) all costs incurred in connection
with the development of the appropriate legal documents
necessary to effectuate the proposed financing and acquisi-
tion, including (without limitation) the fees of legal coun-
sel, and compensation to any other person (other than full
time employees of the City) performing services by or on
behalf of the City in connection with the transactions
contemplated by this ordinance, whether or not the pro-
posed financing and acquisition are consummated.

32 ORDINANCES Ord. No. 928

Sec. 7. And be it further ordained, That in connection
with the borrowing and the acquisition, construction and
leasing described in this ordinance, the Mayor of the City
of Baltimore is hereby authorized and empowered:

(i) to accept the Letter of Intent, the form and sub-
stance of which shall be approved by the Board of Esti-
mates as hereinafter provided, in order to indicate the
commitment of the City to participate in the financing of
the acquisition of the Industrial Project;

(ii) to execute and deliver a Deed of Trust by and
between the City and certain trustees selected by the Bank,
as security for the Loan, the form and substance of which
shall be approved by the Board of Estimates as herein-
after provided;

(iii) to execute and deliver the City's Deed of Trust
Note in the principal amount not to exceed One Million
Five Hundred Fifty Thousand Dollars ($1,550,000.00), as
evidence of the Loan, the form and substance of which
shall be approved by the Board of Estimates as herein-
after provided;

(iv) to execute and deliver a Trust Agreement by and
among the City, the Lessees and certain trustees selected
by the Bank, pursuant to which the proceeds of the Loan
will be deposited with such trustees and disbursed by them
as the acquisition and construction of the Industrial Proj-
ect progresses;

(v) to execute and deliver the Lease, the form and
substance of which shall be approved by the Board of
Estimates as hereinafter provided, and an Assignment of
Lessor's Interest in Lease from the City to the Bank, the
form and substance of which shall be approved by the
Board of Estimates as hereinafter provided;

(vi) to execute and deliver the Insurance Agreement,
the form and substance of which shall be approved by the
Board of Estimates as hereinafter provided; and

(vii) to execute such other documents, instruments and
certificates as are necessary or appropriate to consummate
such acquisition, construction and leasing, including, but

ORDINANCES 33

not limited to, any and all necessary financing statements,
the form and substance of which shall be approved by the
Board of Estimates as hereinafter provided.

Sec. 8. And be it further ordained, That, notwithstand-
ing anything contained in this ordinance or in any docu-
ment authorized herein to be executed, or the execution and
delivery of any document authorized herein, neither the
full faith and credit nor the taxing power of the City shall
be deemed to be pledged hereby, and the City shall at no
time be required to exercise its taxing power in order to
implement the transactions authorized hereby. Nothing
contained in this ordinance shall be deemed or construed
in any way to create or constitute a debt of the City within
the meaning of any constitutional, statutory or other debt
limitation provision, or to constitute any act or purpose
other than that contemplated by the MIDFA Act. Neither
the Loan to be made to the City by the Bank nor the in-
terest thereon shall ever constitute an indebtedness or a
charge against the general credit or taxing powers of the
City, within the meaning of any constitutional or charter
provisions or statutory limitation, and neither shall ever
constitute or give rise to any pecuniary liability of the City.

Sec. 9. And be it further ordained, That the terms and
provisions and form and substance of any and all docu-
ments and instruments to be executed or entered into by
the City in connection with the transactions authorized by
this ordinance, other than customary closing certificates
and documents, shall be approved by the Board of Esti-
mates of the City prior to the execution and delivery
thereof by the Mayor of the City.

Sec. 10. And be it further ordained, That the Depart-
ment of Housing and Community Development is hereby
fully authorized and empowered for the purpose of this
ordinance only:

(a) To promote, make investigations, conduct prelimi-
nary negotiations, and do any and all other things necessary
and proper to expedite the consummation of the trans-
actions authorized by this ordinance, all pursuant and sub-
ject to the provisions of the Charter of Baltimore City; and

34 ORDINANCES Ord. No. 929

(b) After the transactions authorized by this ordi-
nance have been fully consummated, the Department of
Housing and Community Development shall do any and all
other things necessary, proper or expedient to assure the
full performance by the Lessees of any and all the terms
and provisions in any and all agreements entered into by
the City and the Lessees, all of which shall be subject to
the provisions of the Charter of Baltimore City.

Sec. 11. And be it further ordained, That this ordinance
is passed, and the Letter of Intent is to be accepted, as
official action by the City for the purpose of materially
inducing the Lessee to pursue the transaction described in
the Letter of Intent.

Sec. 12. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved December 13, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 929
(Council No. 2039)

An Ordinance providing for a supplementary special loan
fund appropriation in the amount of One Million Five
Hundred Fifty Thousand Dollars ($1,550,000) to the
Department of Housing and Community Development to
be used for property acquisition and improvement under
the Maryland Industrial Development Financing Author-
ity and City Ordinance No. , in accordance with the
provisions of Article VI, Section 2(h) (3) of the Balti-
more City Charter (1964 Revision).

ORDINANCES 35

tion and betterment of the economy of the State, authorizes
any municipality of the State to borrow money without
pledging its full faith and credit, and to execute a mortgage
as security therefore, and use such money to defray the
cost of acquiring an industrial project, including land, build-
ings and equipment, either by purchase or construction,
after the adoption of an ordinance by the legislature of the
municipality to do so; and

Whereas, the money appropriated herein represents the
proceeds of an Industrial Development Loan fully approved
and partially guaranteed by the Maryland Industrial De-
velopment Financing Authority; and

Whereas, Ordinance No. provides a sum of money

not to exceed One Million Five Hundred Fifty Thousand
Dollars ($1,550,000) for the acquisition and improvement
of property at 2001-2031 Kloman Street in Baltimore City;
and

Whereas, Ordinance No. provides for the leasing of

the aforementioned property to Charles Thomas and J.
Edgar Steigerwald, T/A Charleswald and to McNamara
Fabricators, Inc. to be used in connection with their busi-
ness operations; and

Whereas, the Industrial Development Loan represents a
material change in circumstances since the adoption of the
1978-1979 Ordinance of Estimates; and

Whereas, the supplementary special loan fund appro-
priation ordained herein has been recommended to the City
Council by the Board of Estimates, said recommendation
having been made at a regular meeting of said Board held
on the 25th day of October, 1978, all in accordance with Ar-
ticle VI, Section 2(h) (3) of the 1964 revised Charter of
Baltimore City.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (3) of the 1964 Revision of the Charter of Balti-
more City, the sum of One Million Five Hundred Fifty Thou-
sand Dollars ($1,550,000) shall be made available to the
Department of Housing and Community Development of
the City of Baltimore as a supplementary special loan fund

36 ORDINANCES Ord. No. 930

appropriation for the fiscal year ending June 30, 1979 for
the purpose of acquiring and improving property located at
2001-2031 Kloman Street in Baltimore City. The amount
thus made available as a supplementary special loan fund
appropriation shall be expended from an Industrial Develop-
ment Loan and shall be the source of revenue for this sup-
plementary special loan fund appropriation, as required by
Article VI, Section 2(h) (3) of the 1964 revised Charter of
Baltimore City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved December 13, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 930
(Council No. 2040)

An Ordinance to authorize Mayor and City Council of Bal-
timore to borrow, as a limited obligation and not upon
the full faith and credit of Mayor and City Council of
Baltimore, in accordance with the Maryland Industrial
Development Financing Authority Act, a total sum of
money not to exceed Three Hundred Thirty Thousand
Dollars ($330,000.00) ; to use $260,000 of such money for
the purpose of defraying the cost of constructing addi-
tional improvements on certain real property known as
Lot No. 1 of the Crossroads Industrial Center, 1200 Ber-
nard Drive, Baltimore, Maryland; to use $70,000 of such
money for the purpose of defraying the cost of acquiring
and installing additional equipment in such improvements;
to lease the aforesaid improvements to Leonard Wachs,
Robert Levine and Stepban Levine, T/A Manor Realty
Company, who will sublease the improvements to Manor
Hill Food Corporation (formerly Manor Hill Salad Com-
pany, Inc.), and to lease the aforesaid equipment to
Manor Hill Food Corporation (formerly Manor Hill
Salad Company, Inc.) to execute any and all documents

ORDINANCES 37

necessary to effectuate and to secure payment of the
aforesaid borrowing, acquisition, construction and leas-
ing; to provide that the full faith and credit of Mayor
and City Council of Baltimore shall not be deemed to be
pledged hereby; and conferring and imposing upon the
Department of Housing and Community Development
certain powers and duties.

Whereas, Ordinance No. 1022, approved November 24,
1975, was enacted transferring all the duties and respon-
sibilities of the Baltimore City Economic Development Com-
mission to the Department of Housing and Community De-
velopment thereby vesting in such Department certain
powers and duties to be exercised in connection with aiding
the industrial growth of Baltimore City; and

Whereas, on July 23, 1976, Maryland National Bank, a
national banking association (the "Bank") made a loan (the
"First Loan") in the principal amount of Eight Hundred
Thousand Dollars ($800,000.00) to Mayor and City Council
of Baltimore (the "City"), pursuant to and in accordance
with the MIDFA Act (hereinafter defined) and Ordinance
No. 109 and Ordinance No. 110, approved July 30, 1976, for
the purpose of defraying the cost of acquiring the first indus-
trial project (the "First Industrial Project"), which is
described in a letter of intent dated May 5, 1976 from the
Lessees (hereinafter defined) to the City. The proceeds of
the First Loan were used (1) for the purpose of defraying
the cost of acquiring certain real property known as Lot No.
1 of the Crossroads Industrial Center, 1200 Bernard Drive,
Baltimore, Maryland (the "Premises") and constructing
certain improvements thereon, which Premises and improve-
ments were leased by the City to Leonard Wachs, Robert
Levine and Stephan Levine, T/A Manor Hill Realty Com-
pany (the "Lessees") pursuant to a written lease (the
"Realty Lease") dated July 23, 1976, and subleased by the
Lessee to Manor Hill (hereinafter defined), and (2) for
the purpose of defraying the cost of acquiring certain
equipment installed on the Premises, which equipment
was leased by the City to Manor Hill Food Corporation, a
Maryland corporation (formerly Manor Hill Salad Com-
pany, Inc.) ("Manor Hill") pursuant to a written lease (the
"Personalty Lease") dated July 23, 1976. The First Loan
was evidenced by the City's deed of trust note (the "First

38 ORDINANCES Ord. No. 930

Note") dated July 23, 1976 in the principal amount of the
First Loan and secured by a deed of trust (the "First Deed
of Trust") dated July 23, 1976 by and between the City and
Alan P. Hoblitzell, Jr., et al, trustees, covering the Premises
and aforesaid improvements and equipment; and

Whereas, the City has received a letter of intent dated
August 18, 1978 (the "Letter of Intent") from the Lessees
and Manor Hill requesting the City to participate in the
financing of the acquisition of a second industrial project to
be located on the Premises, and more particularly described
in the Letter of Intent by borrowing from the Bank, a sum
of money not to exceed Three Hundred Thirty Thousand
Dollars ($330,000.00) pursuant to Sections 266J to 266CC,
inclusive, of Article 41 of the Annotated Code of Maryland
(1978 Replacement Volume), as amended (the "MIDFA
Act"); and

Whereas, Section 266W of the MIDFA Act provides,
among other things, that a municipality of the State of
Maryland, notwithstanding the provisions of any charter
and without in any event pledging its full faith and credit
in support of a mortgage, is fully enabled and empowered to
borrow money and to execute a mortgage as security for
the purpose of defraying the cost of acquiring any industrial
project approved by the Maryland Industrial Development
Financing Authority ("MIDFA") ; and

Whereas, Section 266W(a) of the MIDFA Act pro-
vides that the "industrial project" is to be acquired for a
"bona fide tenant", as evidenced by a letter of intent or sim-
ilar agreement between the prospective tenant and the
municipality borrowing the money; and

Whereas, MIDFA has approved the industrial project as
described generally in the Letter of Intent and has agreed
to insure a portion of the mortgage payments (as defined in
the MIDFA Act) , upon the terms and conditions set forth in
its commitment letter to the Lessees and Manor Hill and an
Insurance Agreement (the "Insurance Agreement") to be
executed by the City, the Bank, and MIDFA, the form and
substance of which shall be approved by the Board of Esti-
mates of the City as hereinafter provided; and 1

ORDINANCES 39

Whereas, the City has determined, based upon the find-
ings and determinations hereinafter set forth, that it is in
the best interests of the citizens of Baltimore, Maryland,
that the City accept the Letter of Intent, and participate in
the financing of the industrial project, as described gen-
erally in the Letter of Intent.

Now therefore, pursuant to and in accordance with the
provisions of the MIDFA Act:

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That it is hereby found and determined as
follows :

(a) the financing of the acquisition of the Second In-
dustrial Project (hereinafter defined) will fulfill and ac-
complish the declared purpose of the MIDFA Act, which
is to promote the expansion and diversification of industry,
to avoid the relocation of industry from the State of
Maryland, to increase employment, and to provide a larger
taxable base for the economy of the State of Maryland,
resulting in new and expanded industrial enterprises to
provide enlarged opportunities for gainful employment by
the people of Maryland, and thus to insure the preserva-
tion and betterment of the economy of the State of Mary-
land, and accordingly, it is in the best interests of the
citizens of Baltimore, Maryland, that the City participate
in the financing of the acquisition of the Second Industrial
Project (hereinafter defined) ;

(b) as evidenced by the Letter of Intent, the Second
Industrial Project (hereinafter defined) is to be acquired
for the Lessees and Manor Hill both of which are "bona
fide tenants", as mentioned in the MIDFA Act; and

(c) MIDFA has approved the Second Industrial Project
(hereinafter defined), and has agreed to insure a portion
of the mortgage payments (as defined in the MIDFA Act) ,
upon the terms and conditions set forth in its commitment
letter to the Lessees and Manor Hill and in the Insurance
Agreement.

Sec. 2. And be it further ordained, That the City be and
it is hereby fully authorized and empowered to borrow
from the Bank, a sum of money not to exceed Three Hun-

40 ORDINANCES Ord. No. 9C0

dred Thirty Thousand Dollars ($330,000.00) (the "Second
Loan"). The time for repayment of the Construction Por-
tion (hereinafter defined) of the Second Loan shall not
exceed twenty-one (21) years and the time for repayment
of the Equipment Portion (hereinafter defined) of the
Second Loan shall not exceed either the normal useful life
of the Equipment (hereinafter defined) or a period of six-
teen (16) years, whichever is less. The Second Loan shall
bear interest at a per annum rate which is at all times
equal to seven and three-quarters per cent (7%%) per
annum, except in the event that it is at any time deter-
mined that such interest is for any reason not exempt
from federal income taxes and except in the event that
any payment of interest or principal shall not be paid on
the date on which such payment is due. If at any time it
is determined that such interest is not exempt from fed-
eral income taxes, the rate of interest payable on the Loan
shall be increased, retroactively and prospectively, to 12%
per annum. In the event that any payment of interest or
principal shall not be paid on the date on which such pay-
ment is due, such payment of interest and/or principal
shall bear interest at the rate which is 1% per annum in
excess of the then current interest rate on the Second
Loan. Interest shall be calculated on the basis of a 360-
day year factor applied to actual days elapsed.

Sec. 3. And be it further ordained, That the City use
the proceeds of the Loan as follows:

(a) Two Hundred Sixty Thousand Dollars ($260,000.00)
(the "Construction Portion") of the Second Loan shall be
used for the purpose of defraying the cost of constructing
additional improvements (the "Improvements") on the
Premises for use by the Lessees and Manor Hill in con-
nection with their business operations, and

(b) Seventy Thousand Dollars ($70,000.00) (the "Equip-
ment Portion") of the Second Loan shall be used for the
purpose of defraying the cost of acquiring certain addi-
tional equipment (the "Equipment") and installing the
same on the Premises for use by Manor Hill in connection
with its business operations, (the Improvements and the
Equipment being hereinafter sometimes collectively re-
ferred to as the "Second Industrial Project").

ORDINANCES 41

Sec. 4. And be it further ordained, That the City lease
the Improvements to the Lessees pursuant to the terms and
provisions of an amendment to the Realty Lease to be en-
tered into between the City and the Lessees (the "Realty
Lease Amendment" ) and lease the Equipment to Manor
Hill pursuant to the terms and provisions of an amend-
ment to the Personalty Lease to be entered into between
the City and Manor Hill (the "Personalty Lease Amend-
ment"), the form and content of such Realty and Person-
alty Lease Amendments (which shall sometimes herein-
after be referred to collectively as the "Amendments") to
be approved by the Board of Estimates as hereinafter pro-
vided. The Lessees will, simultaneously with the execution
and delivery of the Realty Lease Amendment, sublease
the Improvements to Manor Hill.

Sec. 5. And be it further ordained, That, as described
generally in the Letter of Intent and as contemplated by
theMIDFA Act:

(a) the Second Loan will be secured by a deed of trust
covering the Industrial Project and the Premises, executed
by the City without in any event pledging its full faith
and credit, and will be repaid by the City solely from the
revenue derived from rental payments to be made by the
Lessees and by Manor Hill to the City pursuant to the
Amendments and from any other source permitted by the
MIDFA Act and approved by the City, the Lessees, Manor
Hill and the Bank ;

(b) The Lessees and Manor Hill will make rental pay-
ments under the Amendments sufficient to pay (i) the
principal of and interest on the Second Loan, (ii) all
taxes and payments in lieu of taxes, and (iii) any expenses
incurred by the City in connection with the administration
of the Second Loan, all as the same become due and pay-
able; and

(c) any costs of acquiring the Second Industrial Project
in excess of the proceeds of the Second Loan will be paid
by the Lessees and by Manor Hill.

Sec. 6. And be it further ordained, That the City will
not incur any liability, direct or indirect, or any cost,

42 ORDINANCES Ord. No. 930

direct or indirect, in connection with the aforesaid bor-
rowing or the acquisition of the Second Industrial Project,
and the Second Industrial Project will be acquired so as
to conform to the requirements of the Lessees and Manor
Hill; accordingly, the Lessees and Manor Hill shall (i)
select and work with the suppliers and contractors which
will provide, construct, and improve the Industrial Project
and negotiate and approve all contracts, construction
plans, specifications, and all financing arrangements in
connection with the acquisition of the Second Industrial
Project, and (ii) pay all necessary costs incurred by or
on behalf of the City in connection with the aforesaid
financing, including the administration thereof, and in con-
nection with the acquisition of the Second Industrial Proj-
ect, including (without limitation) all costs incurred in
connection with the development of the appropriate legal
documents necessary to effectuate the proposed financing
and acquisition, including (without limitation) the fees of
legal counsel, and compensation to any other person (other
than full time employees of the City) performing services
by or on behalf of the City in connection with the transac-
tions contemplated by this ordinance, whether or not the
proposed financing and acquisition are consummated.

(ii) to execute and deliver a Deed of Trust (the "Second
Deed of Trust") by and between the City and certain
trustees selected by the Bank, as security for the Second
Loan, the form and substance of which shall be approved
by the Board of Estimates as hereinafter provided ;

(iii) to execute and deliver the City's Deed of Trust
Note in the principal amount not to exceed Three Hundred
Thirty Thousand Dollars ($330,000.00), as evidence of the

ORDINANCES 43

Second Loan, the form and substance of which shall be
approved by the Board of Estimates as hereinafter
provided ;

(iv) to execute and deliver a Building Loan Agreement
by and among the Bank, the City, the Lessees and Manor
Hill pursuant to which the proceeds of the Second Loan
will be advanced by the Bank as the acquisition and con-
struction of the Industrial Project progresses;

(v) to execute and deliver the Amendments, the form
and substance of which shall be approved by the Board of
Estimates as hereinafter provided, and an Assignment of
Lessor's Interest in the Amendments from the City to the
Bank, the form and substance of which shall be approved
by the Board of Estimates as hereinafter provided ;

(vi) to execute and deliver the Insurance Agreement,
the form and substance of which shall be approved by the
Board of Estimates as hereinafter provided;

(vii) to execute and deliver a Consolidation and Modifi-
cation Agreement by and between the City, the Bank and
certain trustees selected by the Bank, the form and sub-
stance of which shall be approved by the Board of Esti-
mates as hereinafter provided. The Consolidation and
Modification Agreement shall consolidate the First Deed
of Trust with the Second Deed of Trust so as to constitute
one lien which shall equally and ratably secure both the
First and Second Loans. In addition, the Consolidation and
Modification Agreement shall contain such other modifica-
tions and amendments to the documents executed in con-
nection with the First and Second Loans as the Board of
Estimates may approve, provided that such changes are
not inconsistent with the MIDFA Act and Ordinance No.
109 and Ordinance No. 110; and

(viii) to execute such other documents, instruments and
certificates as are necessary or appropriate to consummate
such acquisition, construction and leasing, including, but
not limited to, any and all necessary financing statements,
the form and substance of all of which shall be approved
by the Board of Estimates as hereinafter provided.

Sec. 8. And be it further ordained, That, notwithstand-
ing anything contained in this ordinance or in any docu-

44 ORDINANCES Ord. No. 930

ment authorized herein to be executed, or the execution
and delivery of any document authorized herein, neither
the full faith and credit nor the taxing power of the City
shall be deemed to be pledged hereby, and the City shall
at no time be required to exercise its taxing power in
order to implement the transactions authorized hereby.
Nothing contained in this ordinance shall be deemed or
construed in any way to create or constitute a debt of the
City within the meaning of any constitutional, statutory
or other debt limitation provision, or to constitute any act
or purpose other than that contemplated by the MIDFA
Act. Neither the Loan to be made to the City by the Bank
nor the interest thereon shall ever constitute an indebted-
ness or a charge against the general credit or taxing
powers of the City, within the meaning of any constitu-
tional or charter provisions or statutory limitation, and
neither shall ever constitute or give rise to any pecuniary
liability of the City.

Sec. 9. And be it further ordained, That the terms and
provisions and form and substance of any and all docu-
ments and instruments to be executed or entered into by the
City in connection with the transactions authorized by this
ordinance, other than customary closing certificates and
documents, shall be approved by the Board of Estimates of
the City prior to the execution and delivery thereof by
the Mayor of the City.

Sec. 10. And be it further ordained, That the Department
of Housing and Community Development is hereby fully
authorized and empowered for the purpose of this ordinance
only:

(a) To promote, make investigations, conduct prelimi-
nary negotiations, and do any and all other things neces-
sary and proper to expedite the consummation of the trans-
actions authorized by this ordinance, all pursuant and sub-
ject to the provisions of the Charter of Baltimore City; and

(b) After the transactions authorized by this ordinance
have been fully consummated, the Department of Housing
and Community Development shall do any and all other
things necessary, proper or expedient to assure the full per-
formance by the Lessees and by Manor Hill of any and all of

ORDINANCES 45

the terms and provisions in any and all agreements entered
into by the City and the Lessees and Manor Hill, all of which
shall be subject to the provisions of the Charter of Balti-
more City.

SEC. 11. And be it further ordained, That this ordinance
is passed, and the Letter of Intent is to be accepted, as
official action by the City for the purpose of materially
inducing the Lessee to pursue the transaction described in
the Letter of Intent.

SEC. 12. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved December 13, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 931

(Council No. 2041)

An Ordinance providing for a supplementary special loan
fund appropriation in the amount of Three Hundred
Thirty Thousand Dollars ($330,000) to the Department
of Housing and Community Development to be used for
property acquisition and improvement and equipment
acquisition under the Maryland Industrial Development
Financing Authority and City Ordinance No. , in ac-

cordance with the provisions of Article VI, Section
2(h) (3) of the Baltimore City Charter (1964 Revision.)

Whereas, Article 41, Sections 266J and 266CC inclusive,
of the Annotated Code of Maryland, as amended, created
and amended the Maryland Industrial Development Fi-
nancing Authority, hereinafter called "MIDFA", and vested
in it certain powers and duties in connection with the
preservation and betterment of the economy of the State,
authorizes any municipality of the State to borrow money
without pledging its full faith and credit, and to execute
a mortgage as security therefore, and use such money to

46 ORDINANCES Ord. No. 931

defray the cost of acquiring an industrial project, includ-
ing land, buildings and equipment, either by purchase or
construction, after the adoption of an ordinance by the
legislature of the municipality to do so; and

Whereas, the money appropriated herein represents the
proceeds of an Industrial Development Loan fully ap-
proved and partially guaranteed by the Maryland Indus-
trial Development Financing Authority; and

Whereas, Ordinance No. provides a sum of money not
to exceed Two Hundred Sixty Thousand Dollars ($260,000)
for the acquisition and improvement of property located at
1200 Bernard Drive in Baltimore City, and Seventy Thou-
sand Dollars ($70,000) for the acquisition and installa-
tion of equipment at said location; and

Whereas, Ordinance No. provides for the leasing of

the aforementioned property and equipment to Leonard
Wachs, Robert Levine and Stephanie Levine, T/A Manor
Realty Company a/o Manor Hill Food Company, Inc. to be
used in connection with their business operations ; and

Whereas, the Industrial Development Loan represents
a material change in circumstances since the adoption of
the 1978-1979 Ordinance of Estimates; and

Whereas, the supplementary special loan fund appro-
priation ordained herein has been recommended to the City
Council by the Board of Estimates, said recommendation
having been made at a regular meeting of said Board held
on the 25th day of October, 1978, all in accordance with
Article VI, Section 2(h) (3) of the 1964 revised Charter of
Baltimore City.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(3) of the 1964 revision of the Charter of
Baltimore City, the sum of Three Hundred Thirty Thou-
sand Dollars ($330,000) shall be made available to the
Department of Housing and Community Development of
the City of Baltimore as a supplementary special loan fund
appropriation for the fiscal year ending June 30, 1979 for
the purpose of acquiring and improving property located
at 1200 Bernard Drive in Baltimore City, and acquiring

ORDINANCES 47

and installing equipment at said location. The amount thus
made available as a supplementary special loan fund appro-
priation shall be expended from an Industrial Development
Loan and shall be the source of revenue for this supple-
mentary special loan fund appropriation, as required by
Article VI, Section 2(h)(3) of the 1964 revised Charter
of Baltimore City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved December 13, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 932
(Council No. 1538)

An Ordinance to condemn and close a portion of Interstate
Route No. 95 located on the north side of Hudson Street
extending from Kane Street Westerly to Dundalk Avenue
in accordance with a plat thereof numbered 334-A-15,
prepared by the Surveys and Records Division and filed
in the Office of the Department of Public Works, on the
Twenty-second (22nd) day of February, 1978, and now
on file in said office.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn
and close a portion of Interstate Route No. 95 located on
the north side of Hudson Street extending from Kane
Street Westerly to Dundalk Avenue the portion of Inter-
state Route No. 95 hereby directed to be condemned for
said closing being described as follows :

Beginning for Parcel No. 1 at a point on the west side
of Kane Street, as now laid out 80 feet wide, distant North
02°-54'-40" West 281.70 feet measured along the west side
of said Kane Street from the north side of Hudson Street,

48 ORDINANCES Ord. No. 932

as now laid out 50 feet wide, said point of beginning being
the intersection of the west side of said Kane Street and
the North Right of Way Line of Through Highway for Inter-
state Route No. 95 and running thence binding on said
North Right of Way Line of Through Highway the two
following courses and distances ; namely, South 80°-05'-32"
West 43.34 feet and by a line curving to the right with a
radius of 1552.43 feet the distance of 420.39 feet which
arc is subtended by a chord bearing South 89°-48 / -00"
West 419.11 feet to intersect the northeast side of Dundalk
Avenue, as now laid out 120 feet wide;
thence binding on the northeast side of said Dundalk Ave-
nue, North 51°-15'-15" West 150.62 feet to intersect the
Ordinance Line of Interstate Route No. 95 as authorized
under Ordinance No. 720 approved: January 6, 1966 ; thence
binding on said Ordinance Line the four following courses
and distances; namely, North 87°-02'-54" East 45.05 feet,
by a line curving to the left with a radius of 855.45 feet
the distance of 51.19 feet which arc is subtended by a
chord bearing North 85°-20'-02.5" East 51.18 feet, South
02°-53'-00" East 19.27 feet and North 86°-53'-20" East
478.00 feet to intersect the west side of said Kane Street
and thence binding on the west side of said Kane Street,
South 02°-54'-40" East 98.66 feet to the place of beginning.

Beginning for Parcel No. 2 at a point on the west side
of Kane Street, as now laid out 80 feet wide, distant North
02°-54'-40" West 63.24 feet measured along the west side
of said Kane Street from the north side of Hudson Street,
as now laid out 50 feet wide, said point of beginning being
the intersection of the west side of said Kane Street and
the South Right of Way Line of Through Highway for
Interstate Route No. 95 and extending upward to a plane
located 8.00 feet below the plane surface of the superstruc-
ture of Interstate Route No. 95 and running thence bind-
ing on said South Right of Way Line of Through Highway
by a line curving to the right with a radius of 1590.44 feet
the distance of 194.49 feet which arc is subtended by a
chord bearing South 85°-26'-24.5" West 194.37 feet to in-
tersect the northeast side of Dundalk Avenue, as now laid
out varying in width;

thence binding on the northeast side of said Dundalk Ave-
nue by a line curving to the left with a radius of 2924.90

ORDINANCES 49

feet the distance of 28.36 feet which arc is subtended by
a chord bearing North 50°-25'-04" West 28.36 feet; thence
for new lines of division through the property now or
formerly owned by the Mayor and City Council of Balti-
more, the four following courses and distances; namely,
North 89°-45'-26" East 6.82 feet, North 00°-14'-34" West
25.00 feet, South 89°-45'-26" West 29.00 feet and South
00°-14'-34" East 6.86 feet to the northeast side of Dundalk
Avenue, fc as now laid out 120 feet wide; thence binding on
the northeast side of last said Dundalk Avenue, North 51°-
15'-15" West 90.81 feet; thence for new lines of division
through the property now or formerly owned by the Mayor
and City Council of Baltimore the three following courses
and distances; namely, North 38°-44'-45" East 15.49 feet,
North 51°-15'-15" West 26.00 feet and South 38°-44'-45"
West 15.49 feet to the northeast side of last said Dundalk
Avenue ;

thence binding on the northeast side of last said Dundalk
Avenue, North 51°-15'-15" West 11.02 feet; thence for new
lines of division through the property now or formerly
owned by the Mayor and City Council of Baltimore the
four following courses and distances; namely, South 87°-
10'-40" East 11.88 feet, North 02°-49'-20" East 24.00 feet,
North 87°-10'-40" West 26.000 26.00 feet and South 02°-49'-
20" West 13.77 feet to the northeast side of last said Dun-
dalk Avenue; thence binding on the northeast side of last
said Dundalk Avenue, North 51°-15'-15" West 89.76 feet;
thence for new lines of division through the property now
or formerly owned by the Mayor and City Council of Balti-
more the three following courses and distances; namely,
North 38°-44'-45" East 17.45 feet, North 51°-15'-15" West
30.00 feet and South 38°-44'-45" West 17.45 feet to the
northeast side of last said Dundalk Avenue ;
thence binding on the northeast side of last said Dundalk
Avenue, North 51°-15'-15" West 36.32 feet to intersect the
North Right of Way Line of Through Highway for Inter-
state Route No. 95 ; thence binding on said North Right of
Way Line of Through Highway the two following courses
and distances; namely, by a line curving to the left with
a radius of 1552.43 feet the distance of 420.39 feet which
arc is subtended by a chord bearing North 89°-48 / -00 ,/ East
419.11 feet and North 80°-05'-32" East 43.34 feet to inter-
sect the west side of said Kane Street; thence binding on

50 ORDINANCES Ord. No. 932

the west side of said Kane Street, South 02°-54'-40" East
18.84 feet; thence for new lines of division through the
property now or formerly owned by the Mayor and City
Council of Baltimore the three following courses and
distances ;

namely, South 87°-07'-18" West 16.53 feet, South 02°-52'-
42" East 26.00 feet and North 87°-07'-18" East 16.55 feet
to the west side of said Kane Street; thence binding on
the west side of said Kane Street, South 02°-54'-40" East
33.58 feet; thence for new lines of division through the
property now or formerly owned by the Mayor and City
Council of Baltimore the three following courses and dis-
tances; namely, South 87°-07'-18" West 17.57 feet, South
02°-52'-42" East 28.00 feet and North 87°-07'-18" East 17.58
feet to the west side of said Kane Street; thence binding
on the west side of said Kane Street, South 02°-54'-40"
East 12.42 feet; thence for new lines of division through
the property now or formerly owned by the Mayor and
City Council of Baltimore the three following courses and
distances ; namely, South 87°-07'-18" West 18.59 feet, South
02°-52'-42" East 29.00 feet and North 87°-07'-18" East
18.61 feet to the west side of said Kane Street; thence bind-
ing on the west side of said Kane Street, South 02°-54'-40"
East 25.83 feet; thence for new lines of division through
the property now or formerly owned by the Mayor and
City Council of Baltimore the three following courses and
distances ; namely, South 87°-07'-18" West 18.62 feet, South
02°-52'-42" East 27.00 feet and North 87°-07'-18" East
18.64 feet to the west side of said Kane Street ; and thence
binding on the west side of said Kane Street, South 02°-
54'-40" East 17.80 feet to the place of beginning.

Saving and excepting from Parcel No. 2 herein above
described parcel of land, the nine parcels of land described
as follows:

Beginning for Parcel "A" at a point distant North 02°-
3T-09" East 61.22 feet measured radially from a point on
the base line of Interstate Route No. 95, distant Easterly
1.28 feet measured along said base line from the northeast
side of Dundalk Avenue, as now laid out 120 feet wide and
running thence for new lines of division through Parcel
No. 2 herein above described, the four following courses
and distances ; namely, North 87°-10'-40" West 26.00 feet,

ORDINANCES 51

North 02°-49'-20" East 24.00 feet, South 87°-10'-40" East
26.00 feet and South 02°-49'-20" West 24.00 feet to the place
of beginning.

Beginning for Parcel "B" at a point distant North 00°-
55'-26" East 62.19 feet measured radially from a point on
the base line of Interstate Route No. 95, distant Easterly
63.47 feet measured along said base line from the northeast
side of Dundalk Avenue, as now laid out 120 feet wide, and
running thence for new lines of division through Parcel
No. 2 herein above described, the four following courses
and distances; namely, North 00°-28'-51" East 28.00 feet,
South 89°-31'-09" East 28.00 feet, South 00°-28'-51" West
28.00 feet and North 89°-31'-09" West 28.00 feet to the
place of beginning.

Beginning for Parcel "C" at a point distant North 02°-
58'-46" West 63.52 feet measured radially from a point on
the base line of Interstate Route No. 95, distant Easterly
183.07 feet measured along said base line from the north-
east side of Dundalk Avenue, as now laid out 120 feet wide,
and running thence for new lines of division through Parcel
No. 2 herein above described, the four following courses
and distances; namely, North 02°-52'-42" West 30.00 feet,
North 87°-07'-18" East 31.00 feet, South 02°-52'-42" East
30.00 feet and South 87°-07'-18" West 31.00 feet to the
place of beginning.

Beginning for Parcel "D" at a point distant North 00°-
54'-41" East 6.03 feet measured radially from a point on
the base line of Interstate Route No. 95, distant Easterly
63.91 feet measured along said base line from the northeast
side of Dundalk Avenue, as now laid out 120 feet wide,
and running thence for new lines of division through Parcel
No. 2 herein above described, the four following courses
and distances; namely, North 00°-28'-51" East 28.00 feet,
South 89°-31'-09" East 28.00 feet, South 00°-28'-51" West
28.00 feet and North 89°-31'-09" West 28.00 feet to the
place of beginning.

Beginning for Parcel "E" at a point distant North 02°-
58'-33" West 5.60 feet measured radially from a point on
the base line of Interstate Route No. 95 distant Easterly
182.96 feet measured along said base line from the north-
east side of Dundalk Avenue, as now laid out 120 feet wide,

52 ORDINANCES Ord. No. 932

and running thence for new lines of division through Parcel
No. 2 herein above described, the four following courses
and distances ; namely, North 02°-52'-42" West 29.00 feet,
North 87°-07'-18" East 30.00 feet, South 02°-52'-42" East

29.00 feet and South 87°-07'-18" West 30.00 feet to the
place of beginning.

Beginning for Parcel "F" at a point distant South 00°-
10'-59" West 7.22 feet measured radially from a point on
the base line of Interstate Route No. 95, distant Easterly

89.01 feet measured along said base line from the northeast
side of Dundalk Avenue, as now laid out 120 feet wide, and
running thence for new lines of division through Parcel
No. 2 herein above described, the four following courses
and distances; namely, North 89°-45'-26" East 29.00 feet,
South 00°-14'-34" East 28.00 feet, South 89°-45'-26" West
29.00 feet and North 00°-14'-34" West 28.00 feet to the
place of beginning.

Beginning for Parcel "G" at a point distant South 02°-
58'-29" East 6.98 feet measured radially from a point on
the base line of Interstate Route No. 95, distant Easterly
182.94 feet measured along said base line from the north-
east side of Dundalk Avenue, as now laid out 120 feet wide,
and running thence for new lines of division through Parcel
No. 2 herein above described, the four following courses and
distances; namely, North 87°-07'-18" East 30.00 feet, South
02°-52'-42" East 28.00 feet, South 87°-07'-18" West 30.00
feet and North 02°-52'-42" West 28.00 feet to the place of
beginning.

Beginning for Parcel "H" at a point distant South 03°-
02'-36" East 60.65 feet measured radially from a point on
the base line of Interstate Route No. 95, distant Easterly
184.78 feet measured along said base line from the north-
east side of Dundalk Avenue, as now laid out 120 feet wide,
and running thence for new lines of division through
Parcel No. 2 herein above described, the four following
courses and distances ; namely, North 87°-07'-18" East 26.00
feet, South 02°-52'-42" East 26.00 feet, South 87°-07'-18"
West 26.00 feet and North 02°-52'-42" West 26.00 feet to
the place of beginning.

Beginning for Parcel "I" at a point on the base line of
Interstate Route No. 95 distant Easterly 197.95 feet, meas-

ORDINANCES 53

ured along said base line from the northeast side of Dundalk
Avenue, as now laid out 120 feet wide, said point of
beginning being the center of a circular parcel of land
with a radius of 5.00 feet that has a circumference of 31.42
feet for a new line of division through Parcel No. 2 herein
above described.

Beginning for Parcel No. 3 at the point formed by the
intersection of the west side of Kane Street, as now laid
out 80 -feet wide and the north side of Hudson Street, as
now laid out 50 feet wide and running thence binding on
the north side of said Hudson Street and on the Ordinance
Line of Interstate Route No. 95 as authorized under Ordi-
nance No. 720 approved: January 6, 1966, there situate,
South 86°-53'-20" West 133.25 feet to intersect the north-
east side of Dundalk Avenue, varying in width, thence
binding on the northeast side of said Dundalk Avenue by
a line curving to the left with a radius of 2924.90 feet
the distance of 84.27 feet which arc is subtended by a
chord bearing North 49°-18'-52.5" West 84.27 feet to inter-
sect the South Right of Way Line of Through Highway for
Interstate Route No. 95; thence binding on said South
Right of Way Line of Through Highway, by a line curving
to the left with a radius of 1590.44 feet the distance of
194.49 feet which arc is subtended by a chord bearing
North 85°-26'-24.5" East 194.37 feet to intersect the west
side of said Kane Street and thence binding on the west
side of said Kane Street, South 02°-54'-40" East 63.24 feet
to the place of beginning.

ALL COURSES AND DISTANCES IN THE ABOVE DE-
SCRIPTIONS ARE REFERRED TO THE TRUE ME-
RIDIAN AS ADOPTED BY THE BALTIMORE SURVEY
CONTROL SYSTEM.

the said portion of Interstate Route No. 95 as directed to
be condemned being more particularly described and re-
ferred to among the Land Records of Baltimore City and
delineated and particularly shown on a plat numbered 334-
A-15 which was filed in the Office of the Department of
Public Works on the Twenty-second (22nd) day of
February, in the year 1978 and is now on file in the said
Office.

Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provisions

54 ORDINANCES Ord. No. 932

of this Ordinance, all subsurface structures and appurte-
nances now owned by the Mayor and City Council of
Baltimore, shall be and continue to be the property of the
Mayor and City Council of Baltimore, in fee simple, until
the use thereof shall be abandoned by the Mayor and City
Council of Baltimore, and in the event that any person,
firm or corporation shall first obtain permission and permits
therefor from the Mayor and City Council of Baltimore,
and shall in the application for such permission and per-
mits agree to pay all costs and charges of every kind and
nauro NATURE made necessary by such removal, altera-
tion or interference.

Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this Ordi-
nance until the subsurface structures and appurtenances
now owned by the Mayor and City Council of Baltimore,
over which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the speci-
fications and under the direction of the Director of Public
Works of Baltimore City, and at the expense of the person
or persons or body corporate desiring to erect such build-
ings or structures. Railroad tracks shall be taken to be
"structures" within the meaning of this section.

Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this Ordinance, all subsurface structures and ap-
purtenances owned by any person, firm or corporation,
other than the Mayor and City Council of Baltimore, shall
upon notice from the Director of Public Works of Baltimore
City, be promptly removed by and at the expense of the
said owners.

ORDINANCES 55

tion, maintenance, repair, alteration, relocation and/or
replacement, of any or all of said structures and appurte-
nances, and this without permission from or compensation
to the owner or owners of said land.

Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said portion of Interstate
Route No. 95 and the proceedings and rights of all parties
interested or affected thereby, shall be regulated by, and
be in accordance with, any and all applicable provisions
of Article 4 of the Code of Public Local Laws of Maryland
and the Charter of Baltimore City (1964 Revision) as
amended to July 1, 1973 and any and all amendments
thereto, and any and all other Acts of the General Assembly
of Maryland, and any and all ordinances of the Mayor and
City Council of Baltimore, and any and all rules or regula-
tions in effect which have been adopted by the Director
of Public Works and filed with the Department of Legis-
lative Reference.

Sec. 7. And be it further ordained, That this Ordinance
shall take effect from the date of its passage.

Approved December 14, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 933
(Council No. 1751)

An Ordinance to ropoal a»4 roordain with amondmonts
Section 25(g) of x^rtiole 43 of the Baltimoro Gity Codo
(1976 Edition) , title "Housing a»4 Urban Ronowal",
subtitle "D e partment of Housing ae4 Community Devel -
opm e nt", changing the procoduro fop amending aa- &*-
o&ft Ronowal Plan*

Soction ir && it ordained by- the Mayor &nd City Council
of Baltimore) That Soction 25(g) of Articlo 43 of the Sa4-

56 ORDINANCES Ord. No. 933

timor e Gity Code (1976 Edition), title "Housing aa4 Urban
Roiiowal", subtitl e "Department ol Housing an4 Commu -
»ity Development", be a»4 it is horoby ropoalod a»4 roor -
dained with am e ndments to *ea4 as follows;

25(g)> No substantial change e£ chang e s shall be made
jft a^y Renewal Plan e^ Conservation Plan which has boon
approved by ordinance^ [ without saeh chango e£ chang e s
fest b e ing adopted and approved i» the same mann e r as
set forth ift this Section fe£ the approval el the Renewal
Plan G¥- Conservation Plan originally. J except bn en ordi -
nance detailing the amendments te the Plan, The QUn
Council sh a ll net &et upon a, proposed amendment te e,
Plan until it has received a ivritten report and recom -
mendation from the Department of- Planning en the
amendment*

Seer 2rc And be it further ordained > That this ordinanc e
shall take effect e» the date el its passage.

TO REPEAL AND REORDAIN WITH AMEND-
MENTS SECTION 25(D) OF ARTICLE 13 OF THE
BALTIMORE CITY CODE (1976 EDITION), TITLE
"HOUSING AND URBAN RENEWAL", SUBTITLE
"DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT", AND TO ADD NEW SECTION
25(H) TO THE SAME ARTICLE, TITLE AND SUB-
TITLE, CHANGING THE PROCEDURE FOR
AMENDING A RENEWAL PLAN OR CONSERVA-
TION PLAN, AND PERMITTING CITY COUNCIL
MEMBERS TO PROPOSE RENEWAL AND CONSER-
VATION PLANS AND AMENDMENTS THERETO,
AND REQUIRING THE ASSISTANCE OF THE DE-
PARTMENT OF HOUSING AND COMMUNITY DE-
VELOPMENT AND THE DEPARTMENT OF PLAN-
NING IN THE PREPARATION OF ANY SUCH BILL.

SECTION 1. BE IT ORDAINED BY THE MAYOR AND
CITY COUNCIL OF BALTIMORE, THAT SECTION 25
(D) OF ARTICLE 13 OF THE BALTIMORE CITY CODE
(1976 EDITION), TITLE "HOUSING AND URBAN RE-
NEWAL", SUBTITLE "DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT", BE AND IT IS
HEREBY REPEALED AND REORDAINED WITH
AMENDMENTS AS FOLLOWS:

ORDINANCES 57

25.

(D) THE DEPARTMENT OF HOUSING AND COM-
MUNITY DEVELOPMENT MAY MAKE RECOM-
MENDATIONS TO THE CITY COUNCIL FOR THE
PASSAGE OF AN ORDINANCE OR ORDINANCES
APPROVING ANY RENEWAL PLAN OR A CONSER-
VATION PLAN WHEN REQUIRED BY SUBSECTION
(B) OF THIS SECTION, WHICH THE DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT
HAS ADOPTED. NO SUCH ORDINANCE SHALL BE
PASSED UNTIL AFTER A PUBLIC HEARING IN RE-
LATION THERETO, AT WHICH PARTIES IN INTER-
EST AND CITIZENS SHALL HAVE AN OPPOR-
TUNITY TO BE HEARD. NOTICE OF SUCH HEARING
SHALL BE GIVEN BY POSTING NOTICE IN THE
NEIGHBORHOOD OF THE AREA INVOLVED AT
LEAST TEN (10) DAYS PRIOR TO THE HEARING
AND BY PUBLICATION ONCE A WEEK FOR TWO
CONSECUTIVE WEEKS IN A NEWSPAPER OF GEN-
ERAL CIRCULATION IN BALTIMORE CITY. THE
NOTICE SHALL CONTAIN THE TIME, DATE, PLACE
AND PURPOSE OF THE HEARING, SHALL GENER-
ALLY IDENTIFY THE AREA COVERED BY THE RE-
NEWAL PLAN OR CONSERVATION PLAN, SHALL
OUTLINE THE GENERAL SCOPE OF THE RENEW-
AL PROJECT OR PROJECTS OR THE CONSERVA-
TION PROJECT OR PROJECTS UNDER CONSIDERA-
TION, AND SHALL STATE THAT THE DOCUMENTS
COMPRISING THE RENEWAL PLAN OR CONSER-
VATION PLAN ARE AVAILABLE FOR INSPECTION
AT A PLACE DESIGNATED IN SAID NOTICE. THE
PUBLIC HEARING MAY BE ADJOURNED FROM
TIME TO TIME WITHOUT FURTHER NOTICE.
AMENDMENTS TO A RENEWAL PLAN OR CONSER-
VATION PLAN PROPOSED AS A RESULT OF A
PUBLIC HEARING SHALL NOT REQUIRE FURTHER
NOTICE OR ADDITIONAL HEARINGS, BUT ALL
SUCH AMENDMENTS SHALL BE REFERRED TO
THE DEPARTMENT OF HOUSING AND COMMU-
NITY DEVELOPMENT AND TO THE DIRECTOR OF
THE DEPARTMENT OF PLANNING FOR STUDY,
AND THE DEPARTMENT AND THE DIRECTOR

58 ORDINANCES Ord. No. 933

SHALL REPORT TO THE CITY COUNCIL [ITS]
THEIR RECOMMENDATIONS WITH RESPECT TO
SUCH PROPOSED AMENDMENTS.

ANY CHANGE IN THE ZONING ORDINANCE EM-
BODIED IN A RENEWAL PLAN OR A CONSERVA-
TION PLAN SHALL BE APPROVED BY ORDINANCE
IN ACCORDANCE WITH THE PROCEDURAL RE-
QUIREMENTS OF ARTICLE 66-B OF THE ANNO-
TATED CODE OF MARYLAND (1957 EDITION) AS
IT NOW EXISTS OR AS IT HEREAFTER MAY BE
AMENDED.

SEC. 2. AND BE IT FURTHER ORDAINED, THAT
NEW SECTION 25(H) BE AND IT IS HEREBY ADDED
TO ARTICLE 13 OF THE BALTIMORE CITY CODE
(1976 EDITION), TITLE "HOUSING AND URBAN RE-
NEWAL", SUBTITLE "DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT", TO READ AS
FOLLOWS:

25.(H)

WHEN A COUNCIL MEMBER INITIATES A PLAN
OR AN AMENDMENT THE PROVISIONS OF THIS
SUBSECTION (H) SHALL BE FOLLOWED:

ANY MEMBER OF THE BALTIMORE CITY COUN-
CIL MAY SUBMIT TO THE CITY COUNCIL A BILL
PROPOSING A RENEWAL PLAN OR CONSERVATION
PLAN FOR ANY AREA OF THE CITY OR PROPOS-
ING AN AMENDMENT TO AN EXISTING RENEWAL
PLAN OR CONSERVATION PLAN. AT THE REQUEST
OF A MEMBER OF THE CITY COUNCIL THE DE-
PARTMENT OF HOUSING AND COMMUNITY DE-
VELOPMENT AND THE DEPARTMENT OF PLAN-
NING SHALL PROVIDE ASSISTANCE IN THE
PREPARATION OF ANY SUCH BILL, INCLUDING
TECHNICAL AMENDMENTS WHICH MAY BE NE-
CESSARY TO BRING THE BILL INTO CONFORMITY
WITH EXISTING ORDINANCES. AFTER INTRODUC-
TION, THE BILL SHALL BE SENT TO THE DEPART-
MENT OF HOUSING AND COMMUNITY DEVELOP-
MENT AND TO THE PLANNING COMMISSION FOR
RECOMMENDATION AND REPORT. THE DEPART-

ORDINANCES 59

MENT OF HOUSING AND COMMUNITY DEVELOP-
MENT SHALL REVIEW THE PROPOSED PLAN OR
AMENDMENT FOR CONFORMITY TO SECTIONS
2U(B) AND 2MO; IN CASE OF A PROPOSED AMEND-
MENT TO AN ALREADY APPROVED URBAN RE-
NEWAL PLAN OR CONSERVATION PLAN, IT SHALL
ALSO REVIEW AND EVALUATE THE IMPACT OF
SAID AMENDMENT TO THE PLAN. THE PLANNING
COMMISSION SHALL REVIEW THE PROPOSED PLAN
OR AMENDMENT REGARDING CONFORMITY TO
THE MASTER PLAN OR OFFICIAL DETAILED PLAN,
IF APPLICABLE TO THE AREA INVOLVED; THE
DETAILED LOCATION OF ANY PUBLIC IMPROVE-
MENTS PROPOSED IN THE PLAN OR AMENDMENT;
ITS CONFORMITY TO THE RULES AND REGULA-
TIONS FOR SUBDIVISIONS; AND ALL ZONING
CHANGES PROPOSED IN THE PLAN OR AMEND-
MENT. THE AGENCIES SHALL REPORT THEIR
FINDINGS, TOGETHER WITH A RECOMMENDATION
FOR MODIFICATIONS, IF APPLICABLE, TO THE
CITY COUNCIL.

SEC. 3. AND BE IT FURTHER ORDAINED, THAT
THIS ORDINANCE SHALL TAKE EFFECT THIRTY
DAYS FROM DATE OF ITS PASSAGE.

Approved December 14, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 934

(Council No. 1866)

An Ordinance to condemn and open, Linden Avenue, 66
feet wide, and extending from Wilson Street, North-
westerly 330 feet, more or less, to Laurens Street and
lying within the Madison Park South Urban Renewal
Project in accordance with a plat thereof numbered
326-A-18A, prepared by the Surveys and Records Divi-
sion and filed in the Office of the Department of Public

60 ORDINANCES Ord. No. 934

Works, on the Fifteenth (15th) day of June, 1978, and
now on file in said office.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn,
open, Linden Avenue, 66 feet wide, and extending from
Wilson Street, Northwesterly 330 feet, more or less, to
Laurens Street and lying within the Madison Park South
Urban Renewal Project the street hereby directed to be
condemned for said opening being described as follows:

Beginning for the same at the point formed by the in-
tersection of the northwest side of Wilson Street, as now
laid out 66 feet wide, and the southwest side of Linden
Avenue, as now laid out 66 feet wide and running thence
binding on the southwest side of said Linden Avenue,
Northwesterly 330 feet, more or less, to intersect the
southeast side of Laurens Street, as now laid out 66 feet
wide; thence binding on the southeast side of said Laurens
Street, Northeasterly 66 feet, more or less, to intersect
the northeast side of said Linden Avenue; thence binding
on the northeast side of said Linden Avenue, Southeasterly
330 feet, more or less, to intersect the northwest side of
said Wilson Street and thence binding on the northwest
side of said Wilson Street, Southwesterly 66 feet, more or
less, to the place of beginning.

the said Linden Avenue as directed to be condemned being
more particularly described and referred to among the
Land Records of Baltimore City and delineated and par-
ticularly shown on a plat numbered 326-A-18A which was
filed in the Office of the Department of Public Works on
the Fifteenth (15th) day of June in the year 1978, and is
now on file in said Office.

Sec. 2. And be it further ordained. That the proceedings
of said Department of Public Works, with reference to
the condemnation and opening of said Linden Avenue
and the proceedings and rights of all parties interested
or affected thereby, shall be regulated by, and be in ac-
cordance with, any and all applicable provisions of Ar-
ticle 4 of the Code of Public Local Laws of Maryland and
the Charter of Baltimore City (1964 Revision) as amended

ORDINANCES 61

to July 1, 1973 and any and all amendments thereto, and
any and all other Acts of the General Assembly of Mary-
land, and any and all ordinances of the Mayor and City
Council of Baltimore, and any and all rules or regulations
in effect which have been adopted by the Director of Public
Works and filed with the Department of Legislative
Reference.

SEC. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved December 14, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 935
(Council No. 1867)

An Ordinance to condemn and close Linden Avenue, 66
feet wide, and extending from Wilson Street, North-
westerly 330 feet, more or less, to Laurens Street and
lying within the Madison Park South Urban Renewal
Project in accordance with a plat thereof numbered
326-A-18B, prepared by the Surveys and Records Divi-
sion and filed in the Office of the Department of Public
Works, on the Fifteenth (15th) day of June, 1978, and
now on file in said office.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn
and close Linden Avenue, 66 feet wide, and extending from
Wilson Street, Northwesterly 330 feet, more or less, to
Laurens Street and lying within the Madison Park South
Urban Renewal Project the street hereby directed to be
condemned for said closing being described as follows:

Beginning for the same at the point formed by the
intersection of the northwest side of Wilson Street, as now
laid out 66 feet wide, and the southwest side of Linden

62 ORDINANCES Ord. No. 935

Avenue, as now laid out 66 feet wide and running thence
binding on the southwest side of said Linden Avenue,
Northwesterly 330 feet, more or less, to intersect the south-
east side of Laurens Street, as now laid out 66 feet wide;
thence binding on the southeast side of said Laurens Street,
Northeasterly 66 feet, more or less, to intersect the north-
east side of said Linden Avenue; thence binding on the
northeast side of said Linden Avenue, Southeasterly 330
feet, more or less, to intersect the northwest side of said
Wilson Street and thence binding on the northwest side of
said Wilson Street, Southwesterly 66 feet, more or less, to
the place of beginning.

the said Linden Avenue as directed to be condemned being
more particularly described and referred to among the
Land Records of Baltimore City and delineated and par-
ticularly shown on a plat numbered 326-A-18B which was
filed in the Office of the Department of Public Works on
the Fifteenth (15th) day of June, in the year 1978 and is
now on file in the said Office.

SEC. 2. And be it further ordained, That after said
highway or highways shall have been closed under the
provisions of this ordinance, all subsurface structures and
appurtenances now owned by the Mayor and City Council
of Baltimore, shall be and continue to be the property of
the Mayor and City Council of Baltimore, in fee simple,
until the use thereof shall be abandoned by the Mayor and
City Council of Baltimore, and in the event that any per-
son, firm or corporation shall first obtain permission and
permits therefor from the Mayor and City Council of Bal-
timore, and shall in the application for such permission
and permits agree to pay all costs and charges of every
kind and nature made necessary by such removal, alterna-
tion or interference.

Sec. 3. And be it further ordained, That no build-
ings or structures of any kind shall be constructed or
erected in said portion of said highway or highways after
the same shall have been closed under the provisions of
this ordinance until the subsurface structures and appur-
tenances now owned by the Mayor and City Council of
Baltimore, over which said buildings or structures are pro-

ORDINANCES 63

posed to be constructed or erected shall have been aban-
doned or shall have been removed and relaid in accordance
with the specifications and under the direction of the Di-
rector of Public Works of Baltimore City, and at the ex-
pense of the person or persons or body corporate desiring
to erect such buildings or structures. Railroad tracks shall
be taken to be "structures" within the meaning of this
section.

SEC. 4. And be it further ordained, That after said
highway or highways shall have been closed under the
provisions of this ordinance, all subsurface structures and
appurtenances owned by any person, firm or corporation,
other than the Mayor and City Council of Baltimore, shall
upon notice from the Director of Public Works of Balti-
more City, be promptly removed by and at the expense of
the said owners.

Sec. 5. And be it further ordained, That on and after
the closing of said highway or highways, the said Mayor
and City Council of Baltimore, acting through its duly
authorized representatives, shall, at all times, have access
to said property and to all subsurface structures and ap-
purtenances used by it therein, for the purposes of inspec-
tion, maintenance, repair, alteration, relocation and/or
placomont REPLACEMENT, of any or all of said struc-
tures and appurtenances, and this without permission from
or compensation to the owner or owners of said land.

Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said Linden Avenue and the
proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code of
Public Local Laws of Maryland and the Charter of Balti-
more City (1964 Revision) as amended to July 1, 1973 and
any and all amendments thereto, and any and all other
Acts of the General Assembly of Maryland, and any and all
ordinances of the Mayor and City Council of Baltimore,
and any and all rules or regulations in effect which have
been adopted by the Director of Public Works and filed with
the Department of Legislative Reference.

64 ORDINANCES Ord. No. 936

Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passag-e.

Approved December 14, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 936

(Council No. 1915)

An Ordinance to amend Sheet No. 69 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1976
Edition) title "Zoning" by changing from the M-3 Zon-
ing District to the B-3-1 Zoning District the property
known as 4820 O'Donnell Street, as outlined in red on
the plats accompanying this ordinance.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 69 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1976
Edition) title "Zoning" be and it is hereby amended by
changing from the M-3 Zoning District to the B-3-1 Zoning
District the property known as 4820 O'Donnell Street, as
outlined in red on the plats accompanying this ordinance.

Sec. 2. And be it further ordained, That upon pas-
sage of this ordinance by the City Council, as evidence of
the authenticity of the plat which is a part hereof and in
order to give notice to the departments which are adminis-
tering the Zoning Ordinance, the President of the City
Council shall sign the plat and, when the Mayor approves
the ordinance, he shall sign the plat. The City Treasurer
shall then transmit a copy of the ordinance and one of the
plats to the following : the Board of Municipal and Zoning
Appeals, the Planning Commission, the Commissioner of
the Department of Housing and Community Development
and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved December 14, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 65

No. 937

(Council No. 1916)

An Ordinance granting permission for the establishment,
maintenance and operation of a drive-in restaurant on
the property known as 4820 O'Donnell Street, as outlined
in red on the plats accompanying this ordinance, under
the provisions of Sections 6.3-ld and 11.06(d) of Article
30 of the Baltimore City Code (1976 Edition), title
"Zoning".

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission is hereby granted for the
establishment, maintenance and operation of a drive-in
restaurant on the property known as 4820 O'Donnell Street,
as outlined in red on the plats accompanying this ordi-
nance, under the provisions of Sections 6.3-ld and 11.06(d)
of Article 30 of the Baltimore City Code (1976 Edition),
title "Zoning".

Sec. 2. And be it further ordained, That upon pas-
sage of this ordinance by the City Council, as evidence of
the authenticity of the plat which is a part hereof and in
order to give notice to the departments which are ad-
ministering the Zoning Ordinance, the President of the
City Council shall sign the plat and when the Mayor ap-
proves the ordinance, he shall sign the plat. The City
Treasurer shall then transmit a copy of the ordinance and
one of the plats to the following: the Board of Municipal
and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community
Development and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved December 14, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

66 ORDINANCES Ord. No. 938

No. 938
(Council No. 1935)

An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in ac-
cordance with Article V, Section 5(b) of the City Charter,
all of the interest of the Mayor and City Council of Bal-
timore in and to certain parcels of land and improvements
located generally in the Fells Point area of Baltimore,
Maryland, said properties being no longer needed for
public use.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be and
he is hereby authorized to sell at either public or private sale
in accordance with Article V Section 5(b) of the City Char-
ter, all of the interest of the Mayor and City Council of
Baltimore in and to those parcels of land situate in Balti-
more, Maryland, and described as follows:

800 South Ann Street
804 South Ann Street
806 South Ann Street

815 South Ann Street

1504 Bellhouse Court
803 South Bethel Street

801 South Bond Street

803 South Bond Street

804 South Bond Street

806 South Bond Street

807 South Bond Street

808 South Bond Street

809 South Bond Street
811 South Bond Street
813 South Bond Street

816 South Bond Street

817 South Bond Street

819 South Bond Street

820 South Bond Street

821 South Bond Street

822 South Bond Street

ORDINANCES 67

823 South Bond Street

824 South Bond Street

825 South Bond Street
827 South Bond Street
829 South Bond Street

800 South Broadway

802/04 South Broadway

806 South Broadway

808 South Broadway
810 South Broadway
812 South Broadway

816/22 South Broadway

801/07 South Caroline Street

809 South Caroline Street
811/17 South Caroline Street
819/29 South Caroline Street

803 South Dallas Street
817/19 South Dallas Street
821/25 South Dallas Street

827 South Dallas Street

1509 Lancaster Street
1511 Lancaster Street
1513 Lancaster Street
1515 Lancaster Street
1517 Lancaster Street
1519 Lancaster Street
1531 Lancaster Street
1533 Lancaster Street
1535 Lancaster Street
1603 Lancaster Street
1607 Lancaster Street
1613 Lancaster Street
1615 Lancaster Street
1619 Lancaster Street
1621 Lancaster Street
1627/29 Lancaster Street
1631 Lancaster Street
1633 Lancaster Street
1703 Lancaster Street
1705 Lancaster Street
1707 Lancaster Street

ORDINANCES

Ord. No. 938

1709 Lancaster Street
1725 Lancaster Street
1727 Lancaster Street
1729 Lancaster Street
1731/33 Lancaster Street
1807 Lancaster Street
1809 Lancaster Street

1602
1604
1605
1606
1608
1609
1610
1611
1612
1613

1614/16
1617
1618
1619

1620/22
1621
1625
1626
1627
1628
1629
1631
1632

Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare
Shakespeare

Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street

1634 Thames Street
1636 Thames Street
1638/40 Thames Street
1714 Thames Street
1802 Thames Street
1804 Thames Street

Said properties being no longer needed for public use.

Sec. 2. Be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
been first approved by the City Solicitor.

ORDINANCES 69

Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved December 14, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 939
(Council No. 1937)

An Ordinance to approve an Urban Renewal Plan for
Jonestown, an area bounded generally by Orleans Street
on the north, Central Avenue on the east, Pratt Street
on the south, and Falls way on the west, which renewal
project lies within a portion of the Downtown Urban
Renewal Area as designated by Ordinance No. 1210 ap-
proved January 24, 1958 and revised by Ordinance No.
1586 approved July 9, 1958, and which further lies within
a portion of the Gay Street Urban Renewal Area as
designated by Ordinance No. 1668 approved May 14,
1963 and last amended by Ordinance No. 513 approved
June 27, 1969; to authorize the acquisition by purchase
or by condemnation, for urban renewal purposes, of the
fee simple interest or any lesser interest in and to cer-
tain properties within the Jonestown area ; TO RECOM-
MEND THE OPENING AND CLOSING OF THE 1100
BLOCK OF FAIRMONT AVENUE AND A 10' ALLEY
EXTENDING 132 FEET BETWEEN SHOT TOWER
PARK AND THE PROPERTY AT 805-807 E. FAY-
ETTE STREET; to provide for review by the Depart-
ment of Housing and Community Development of all
plans for new construction, exterior rehabilitation, or
change in use of properties within the Jonestown area;
to establish procedures for the issuance and denial of
demolition permits; to establish standards applicable to
rehabilitation of CERTAIN non-residential properties
and provide penalties for violating these standards; to
designate properties containing non-conforming uses ac-
cording to the Zoning Ordinance of Baltimoro Gity an4
non-complying uses according to the land use reg-

70 ORDINANCES Ord. No. 939

ulations of the Renewal Plan; to provide that in
selling land in the Jonestown area the Department
of Housing and Community Development shall re-
quire that developers agree in writing not to discriminate
in the sale, lease, use or occupancy of the property de-
veloped by them against any person because of national
origin, race, religion, sex, or color; to waive such re-
quirements, if any, as to content or procedure for the
preparation, adoption and approval of renewal plans as
set forth in Section 25 of Article 13 of the Baltimore City
Code 4±&W Cumulativo Supplomont) (1976 EDITION,
AS AMENDED) ; to provide for the separability of the
various parts and applications of this ordinance; to
provide that where the provisions of this ordinance shall
conflict with any zoning, building, electrical, plumbing,
health, fire or safety ordinance or code or regulation in
force in the City of Baltimore, this ordinance shall
prevail ; to provide that to the extent that this ordinance
shall conflict with any other ordinance in force related
to urban renewal, this ordinance shall prevail; and to
provide for the effective date hereof.

Whereas, the area known as "Jonestown", bounded
generally by Orleans Street on the north, Central Avenue
on the east, Pratt Street on the south, and Fallsway on the
west, lies within portions of the urban renewal areas known
as Downtown Urban Renewal Area as designated by Ordi-
nance No. 1210 approved January 24, 1958 and revised by
Ordinance No. 1586 approved July 9, 1958, and Gay Street
Urban Renewal Area as designated by Ordinance No. 1668
approved May 14, 1963 and last amended by Ordinance No.
513 approved June 27, 1969 ; and

Whereas, under Section 25 of Article 13 of the Balti-
more City Code (1977 Cumulativo Supplomont) (1976
EDITION, AS AMENDED), the Department of Housing
and Community Development is authorized to prepare and
administer renewal plans in renewal areas; and

Whereas, the Department of Housing and Community
Development has prepared an Urban Renewal Plan for
Jonestown, consisting of a cover page, a table of contents,
ten (10) pages of text, toee -(£)- TWO (2) Appendices,
and four (4) Exhibits; and

ORDINANCES 71

Whereas, the Renewal Plan for Jonestown was approved
by the Director of the Department of Planning on Sep-
tember 20, 1978 with respect to its conformity to the
Master Plan, the detailed location of any public improve-
ments proposed in the Renewal Plan, its conformity to the
rules and regulations for subdivisions, and its conformity
to existing zoning classifications ; and the Renewal Plan was
approved and recommended to the Mayor and City Council
of Baltimore by the Commissioner of the Department of
Housing and Community Development on September 21,
1978; now, therefore,

Section 1. Be it ordained by the Mayor and City Coimcil
of Baltimore, That the Urban Renewal Plan for the area
known as Jonestown, as hereinbelow more particularly de-
scribed, is hereby approved, and the Clerk of the City Coun-
cil is hereby directed to file a copy of said Renewal Plan
with the Department of Legislative Reference as a perma-
nent record and to make the same available for public in-
spection and information.

Beginning for the same at the intersection of the south side
of Pratt Street and the east side of Slemmers Alley ; thence
binding on the east side of Slemmers Alley northerly to
intersect the north side of Granby Street; thence binding
on the north side of Granby Street easterly to intersect the
southwest corner of the property known as 104 Albemarle
Street; thence running northwesterly and southwesterly
along the western lot line of 104 Albemarle Street, and
continuing in a southwesterly direction to intersect the
southwest corner of 835 E. Lombard Street; thence binding
on the southwest corner of 835 E. Lombard Street north-
westerly to the south side of E. Lombard Street; thence
binding on the south side of E. Lombard Street south-
westerly to intersect an extended straight line of the east
side of S. Front Street; thence binding on the east side of
S. Front Street northwesterly, crossing Plowman Street,
and continuing along the west side of S. Front Street to
intersect the south side of E. Baltimore Street; thence
binding on the south side of E. Baltimore Street westerly
to intersect the east side of Fallsway; thence binding on
the east side of Fallsway northerly to intersect the center-
line of Fayette Street; thence binding on the centerline of
Fayette Street easterly to intersect an extended straight

72 ORDINANCES Ord. No. 939

line of the east side of Colvin Street; thence binding on
said extended straight line northwesterly, crossing Fayette
Street, to intersect the south side of Low Street; thence
binding on the south side of Low Street northeasterly to
intersect the south side of Orleans Street; thence binding
on the south side of Orleans Street easterly to intersect the
west SIDE of Lewis Street; thence binding on the west side
of Lewis Street southerly to intersect the southwest corner
of Lewis and Mullikin Streets; thence binding on the
southwest corner of Lewis and Mullikin Streets, running
easterly to the west side of N. Central Avenue; thence
binding on the west side of N. Central Avenue southerly
to intersect the north side of Watson Street ; thence binding
on the north side of Watson Street southwesterly to inter-
sect the west side of Lloyd Street; thence binding on the
west side of Lloyd Street southeasterly to intersect the
north side of Horseradish Lane; thence binding on the
north side of Horseradish Lane southwesterly, crossing S.
Exeter Street, to intersect the west side of S. Exeter Street ;
thence binding on the west side of S. Exeter Street south-
easterly to intersect the north side of E. Lombard Street;
thence binding on the north side of E. Lombard Street
southwesterly 40 feet, more or less, to intersect an ex-
tended straight line of the western lot line of 100-12 S.
Exeter Street; thence binding on said extended straight
line southeasterly, crossing E. Lombard Street, and con-
tinuing southeasterly, southwesterly, and southeasterly
again along the western lot line of 100-12 S. Exeter Street,
to intersect the southwest corner of 100-12 S. Exeter
Street; thence binding on said southwest corner and run-
ning northeasterly along the southern lot line of 100-12
S. Exeter Street to intersect the east side of S. Exeter
Street; thence binding on the east side of S. Exeter Street
northwesterly to the northern lot line of Lot 2, Block 1359 ;
thence running northeasterly along the northern lot line of
said Lot 2, Block 1359, and continuing in a northeasterly
direction along the northern lot lines of 1046-1066 Granby
Street, to intersect the eastern lot line of 1060-66 Granby
Street; thence binding on the eastern lot line of 1060-66
Granby Street southeasterly to intersect the north side of
Granby Street ; thence binding on the north side of Granby
Street northeasterly to intersect the west side of Central
Avenue ; thence binding on the west side of Central Avenue

ORDINANCES 73

southerly to intersect the south side of Pratt Street; thence
binding on the south side of Pratt Street southwesterly to
the point of beginning.

Sec. 2. And be it further ordained, That it is necessary to
acquire by purchase or by condemnation, for urban renewal
purposes, the fee simple interest or any lesser interest in
and to certain properties or portions thereof, together with
all right, title, interest, and estate that the owner or
owners of said property interest may have in all streets,
alleys, ways or lanes, public or private, both abutting the
whole area described and/or contained within the perimeter
of said area, situate in Baltimore City, Maryland, and
described as follows:

807-09 East Baltimore Street

811 East Baltimore Street

813-15 East Baltimore Street

816-18 East Baltimore Street

820 East Baltimore Street

822 East Baltimore Street

823 East Baltimore Street

824 East Baltimore Street

825 East Baltimore Street

826 East Baltimore Street

827 East Baltimore Street

828 East Baltimore Street
830 East Baltimore Street
832 East Baltimore Street
901-11 East Baltimore Street

809-13 East Fayette Street
815-17 East Fayette Street

1-5 South High Street

SEC. 3. AND BE IT FURTHER ORDAINED, THAT IT
IS NECESSARY TO ACQUIRE BY PURCHASE OR BY
CONDEMNATION, FOR URBAN RENEWAL PUR-
POSES, THE FEE SIMPLE INTEREST OR ANY LES-
SER INTEREST INCLUDING ONLY THE STRUCTURE
STANDING ON THE FOLLOWING PROPERTY AND
DESCRIBED AS FOLLOWS:

ONE BILLBOARD LOCATED AT GRADE AT 809-13 E.
FAYETTE STREET

74 ORDINANCES Ord. No. 939

See, 3r SEC. 4. And be it further ordained, That it may
be necessary to acquire by purchase of by condemnation,
for urban renewal purposes, the fee simple interest or any
lesser interest in and to such of the remaining properties or
portions thereof, together with all right, title, interest, and
estate that the owner or owners of said property interest
may have in all streets, alleys, ways or lanes, public or
private, both abutting the whole area described and/or
contained within the perimeter of said area not specifically
designated for acquisition in Section 2 of this ordinance,
as may be deemed necessary and proper by the Commis-
sioner of the Department of Housing and Community De-
velopment to effect the proper implementation of the
project. These properties may include:

(a) any property in the project area containing a non-
salvable structure, i.e. a structure which in the opinion of
the Commissioner of the Department of Housing and Com-
munity Development cannot be economically rehabilitated;

(b) any property the owner of which is unable or un-
willing to comply or conform to the codes and ordinances
of Baltimore City within 12 months from the date of
written notice of the required improvements. The Depart-
ment of Housing and Community Development, after due
consideration that the property owner has failed to achieve
substantial conformity with the codes and ordinances of
Baltimore City, may acquire such property pursuant to the
Eminent Domain Law of this State as if the property had
originally been planned for acquisition after 90 days
written notice to the owner. The Department of Housing
and Community Development reserves the right to acquire
any such non-complying property for a period of two (2)
years from the date of said written 90 days notice by the
Department of Housing and Community Development.

Sec. 4t 5. And be it further ordained, That it may be nec-
essary to acquire by purchase or by condemnation, for ur-
ban renewal purposes, the fee simple interest or any lesser
interest in and to such of the remaining properties or por-
tions thereof, together with all right, title, interest, and
estate that the owner or owners of said property interests
may have in all streets, alleys, ways or lanes, public or
private, abutting said properties in Jonestown not desig-

ORDINANCES 75

nated for acquisition in addition to those properties enumer-
ated in Sections 2 an4 S 2, 3 AND 4 of this ordinance, in
order to carry out rehabilitation by the Department of
Housing and Community Development because :

(a) it is necessary to make residential structures avail-
able for use for low- and moderate-income families ; or

(b) rehabilitation on a structure-by-structure basis is
infeasible, and assemblage of a group of properties is re-
quired to carry out the objectives set forth in the Urban
Renewal Plan; or

(c) rehabilitation of individual, scattered properties is
necessary in order to remove blighting influences from
otherwise sound residential blocks.

Sec. &t 6. And be it further ordained, That upon acquisi-
sition of the properties mentioned in Sections 3 an4 4 4
AND 5 of this ordinance, the Department of Housing and
Community Development will either :

(a) demolish the structure or structures thereon and
dispose of the land for redevelopment for uses in accor-
dance with the Renewal Plan ; or

(b) sell or lease the property subject to rehabilitation in
conformance with the codes and ordinances of Baltimore
City; or

Sec. &t 7. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such persons and in such manner as the Board of Esti-
mates, in the exercise of the power vested in it by Article V,
Section 5, of the Baltimore City Charter, may hereafter
from time to time designate, is or authorized to acquire on
behalf of the Mayor and City Council of Baltimore and for
the purposes described in this ordinance the fee simple in-
terest or any lesser interest in and to the properties or

76 ORDINANCES Ord. No. 939

portions thereof hereinabove mentioned. If the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the Board
of Estimates, in the exercise of the power vested in it by
Article V, Section 5, of the Baltimore City Charter, may
hereafter from time to time designate, is or are unable to
agree with the owner or owners on the purchase price for
said properties or portions thereof, it or they shall forth-
with notify the City Solicitor of Baltimore City, who shall
thereupon institute in the name of the Mayor and City
Council of Baltimore the necessary legal proceedings to
acquire by condemnation the fee simple interest or any
lesser interest in and to said properties or portions thereof.

Sec. £t 8. And be it further ordained, That all plans for
new construction (including parking lots), exterior re-
habilitation or change in use of any property not to be
acquired under the provisions of the Renewal Plan shall be
submitted to the Department of Housing and Community
Development for review. Only upon finding that the pro-
posed plans are consistent with the objectives of the Urban
Renewal Plan shall the Commissioner of the Department
of Housing and Community Development authorize the
processing of the plans for issuance of a building permit.
The provisions of this section are in addition to and not in
lieu of ail other applicable laws and ordinances relating to
new construction.

Sec. St 9. And be it further ordained, That all applications
for demolition permits shall be submitted to the Depart-
ment of Housing and Community Development for review
and approval. Upon finding that the proposed demolition is
consistent with the objectives of the Urban Renewal Plan,
the Commissioner of the Department of Housing and Com-
munity Development shall authorize the issuance of the
necessary permit. If the Commissioner finds that the pro-
posal is inconsistent with the objectives of the Urban Re-
newal Plan and therefore denies the issuance of the permit,
he shall seek approval of the Board of Estimates to acquire
for and on behalf of the Mayor and City Council of Balti-
more the property, in whole or in part, on which said demo-
lition was to have occurred by purchase, lease, condemna-
tion, gift or other legal means for the renovation,

ORDINANCES 77

rehabilitation and disposition thereof. In the event that
the Board of Estimates does not authorize the acquisition,
the Commissioner shall, without delay, issue the demolition
permit.

Sec. &t 10. And be it further ordained, That in selling or
otherwise disposing of property in the Jonestown area, the
Department of Housing and Community Development shall
require that the developer agree in writing not to dis-
criminate in the sale, lease, use or occupancy of the prop-
erty developed by them against any person because of na-
tional origin, race, religion, sex, or color.

Sec. 1£t 11. And be it further ordained, That over and
above the codes and ordinances of the City of Baltimore,
the following additional standards shall be applied to all
non-residential properties, whether occupied or vacant,
fronting on the 800 and 900 blocks of East Baltimore
Street, in the unit blocks of North and South High Street,
a&& in the 800 block (south side) of East Fayette Street
IN THE 800 BLOCK OF PLOWMAN STREET, IN THE
UNIT BLOCKS OF ALBERMARLE AND SOUTH
FRONT STREETS, IN THE 100 BLOCK OF ALBER-
MARLE STREET, AND IN THE 800 BLOCKS OF EAST
LOMBARD AND EAST PRATT STREET.

a. Windows

(1) Windows not in the front of the buildings shall be
kept properly repaired or, with Fire Department approval,
may be closed, in which case sills, lintels and frames must
be removed and the opening properly closed to match the
material, design and finish of the adjacent wall.

(2) All windows must be tight-fitting and have sashes
of proper size and design. Sashes with rotten wood, broken
joints or loose mullions or muntins shall be replaced. All
broken and missing windows and glass blocks shall be re-
placed with glass or approved plastic glazing. All exposed
wood shall be repaired and painted.

(3) Window openings in upper floors of the fronts of
buildings shall not be filled or boarded up. Windows in
unused areas of the upper floors may be backed by a solid

78 ORDINANCES Ord. No. 939

surface on the inside of the glass. Window panes shall not
be painted.

b. Building Fronts and Sides Abutting Streets

(1) All defective structural and decorative elements of
building fronts and sides abutting streets shall be repaired
or replaced in a workmanlike manner to match as closely
as possible the original materials and construction of that
building. All damaged, sagging or otherwise deteriorated
storefronts, show windows or entrances shall be repaired
or replaced.

(2) All cornices, upper store windows (and all other
portions of a building containing wood trim) shall be made
structurally sound. Rotten or weakened portions shall be
removed and repaired, or replaced to match as closely as
possible the original patterns. All exposed wood shall be
painted or stained, or otherwise treated for protection.

(3) A show window as part of the building facade shall
be defined to include :

(a) the building face and the entrance area leading to
the door;

(b) the door, sidelights, transoms, display platforms,
devices including lighting and signing designed to be viewed
from the public right-of-way and/or the areas visible to the
public prior to entering the interior portion of the struc-
ture.

Show windows, entrances, signs, lighting, sun protection,
security grilles, etc., shall be compatible, harmonious and
consistent with the original scale and character of the
structure. All show window elements must be located within
13 feet of grade.

Enclosures and housings for security grilles and screens
shall be as inconspicuous as possible and compatible with
other elements of the facade.

All exposed portions of grilles, screens or enclosures
which are normally painted and all portions which require
painting to preserve, protect or renovate the surface shall
be painted. Non-metal grilles and screens shall be pro-
hibited.

ORDINANCES 79

All screens and grilles protecting entrances and show
windows must be constructed so they can be opened or
removed. Such screens and grilles shall be opened or re-
moved during the normal business hours of that business.

Show windows shall not be painted for advertising pur-
poses, but may be painted for authorized identification of
the place of business when authorized by the Department
of Housing and Community Development.

No temporary or permanent sign affixed or placed against
the inside surface of a show window shall exceed 20% of
the area of that show window.

Decalcomanias one square foot or less in area may be
affixed to show windows or entrance door windows when
same are supplied by credit card companies and carry no
text or message other than the identification of such com-
panies.

(4) Solid or permanently enclosed or covered store-
fronts shall not be permitted, unless treated as an integral
part of the building facade using wall materials and
window detailing compatible with the upper floors.

(5) Awnings

(a) Soft, retractable awnings are permitted over the
first floor and on upper floors over windows only.

(b) Awnings must be flameproof ed.

(c) Awnings shall not project more than seven (7) feet
from the building front and shall otherwise conform with
the provisions of City ordinances.

(d) Awnings shall terminate against the building at a
height not to exceed thirteen (13) feet above the pavement,
or one (1) inch below the second floor window sill, which-
ever is lower.

(e) Rigid or fixed awnings, sun screens or permanent
canopies are not permitted on any portion of the building
front.

(6) Adjoining buildings used by the same occupant
shall be rehabilitated in a unified and harmonious manner.
Each building shall be rehabilitated and repaired with

80 ORDINANCES Ord. No. 939

materials and in a manner consistent with the original
construction techniques where feasible.

(7) All exterior front or side walls which have not been
wholly or partially resurfaced or built over shall be re-
paired and cleaned or painted in an acceptable manner.
Brick walls shall be pointed where necessary. Painted
masonry walls shall have loose material removed and be
painted a single color except for trim which may be an-
other color. Patched walls shall match the existing adja-
cent surfaces as to materials, color, bond and joining.

(8) Any applied facing materials which are decorative
only shall be treated as follows: if not original, they shall
be removed within 18 months; if original and corrugated
metal siding or plywood, they shall be removed within 18
months and replaced with approved harmonious materials ;
if original and other than corrugated metal siding or ply-
wood, they shall be repaired as necessary according to the
minimum standards set forth in this ordinance.

(9) Dormer windows on roofs sloping toward the shop-
ping street shall be treated in accordance with the same
criteria as building fronts.

(10) Existing miscellaneous elements on the building
fronts, such as empty electrical or other conduits, unused
sign brackets, etc., shall be eliminated.

(11) Sheet metal gutters and downspouts shall be re-
paired or replaced as necessary and shall be neatly located
and securely installed. Gutters and downspouts shall be
painted to harmonize with the other building front colors.

(12) All colors and color schemes used in the project
area shall be harmonious with the design of the buildings
in the neighborhood.

c. Rear and Side Walls

(1) Rear and side walls shall be repaired and painted
to present a neat and fresh appearance. Rear walls shall
be painted to cover evenly all miscellaneous patched and
filled areas or be stuccoed to present an even and uniform
surface.

ORDINANCES 81

(2) Side walls, where visible from any of the streets,
shall be finished or painted so as to harmonize with the
front of the building.

d. Roofs

(1) Chimneys, elevator penthouses or any other auxili-
ary structures on the roofs shall be repaired and cleaned
as required for rear and side walls. Any construction
visible from the street or from other buildings shall be
finished so as to be harmonious with other visible building
walls.

(2) Any new mechanical equipment placed on a roof
shall be so located as to be hidden from view from the
shopping streets, and to be as inconspicuous as possible
from other viewpoints. New equipment shall be screened
with suitable elements of a permanent nature, finished so
as to harmonize with the rest of the building. Where such
screening is infeasible, equipment shall be installed in a
neat, presentable manner, and shall be painted in such a
manner as to minimize its visibility.

(3) Television and radio antennae shall be located so as
to be as inconspicuous as possible.

(4) Roofs shall be kept free of trash, debris, or any
other element which is not a permanent part of the build-
ing or a functioning element of its mechanical or electrical
system.

e. Auxiliary Structures

Structures at the rears of buildings attached or unat-
tached to the principal commercial structure which are
structurally deficient, shall be properly repaired or de-
molished.

f. Rear Yards

Where a rear yard exists or is created through the demo-
lition of structures, the owner shall condition the open area
in one of two ways as outlined below.

(1) Enclosure of Yards

A rear yard may be enclosed along side and rear prop-
erty lines by a masonry wall, consistent and harmonious

82 ORDINANCES Ord. No. 939

in design with the rear walls of the building. Solid doors
or solid gates may be used to the extent necessary for
access and delivery. Such walls must be not less than five

(5) feet nor more than five (5) feet six (6) inches in
height. Use of barbed wire or broken glass on tops of walls
shall not be permitted.

(2) Provision of Parking Area

An unenclosed rear yard may be used as a parking or
loading area providing that it is prop e rty PROPERLY
paved, illuminated and maintained. A sign not exceeding six

(6) square feet may be used to identify and control park-
ing and loading. The building occupant shall be responsible
for maintenance of the parking area in a neat and clean
manner. No storage of trash containers shall be allowed in
this area except when housed in permanent structures of
acceptable design.

g. Signs

(1) No EXCEPT FOR BILLBOARDS, NO signs other
than those identifying the property where they are in-
stalled or identifying the use conducted therein shall be
permitted. Adv e rti s ing AND ADVERTISING by material
or product manufacturers shall not be permitted except as
primary identification of an establishment.

All lighting and electrical elements such as wires, con-
duits, junction boxes, transformers, ballasts, switches and
panel boxes shall be concealed from view as much as
possible.

(2) Flat signs shall be placed parallel to the building
face and shall not project more than twelve (12) inches
from the surface of the building and shall not exceed in
area three (3) times the width in feet of the frontage
of the building. In the case of corner properties, each
facade is to be calculated separately as to size allowed for
each. Flat signs shall be placed no higher than the bottom
of the second story window where windows exist or thir-
teen (13) feet above grade level, whichever is lower. Let-
tering applied to ground floor show windows or entrance
doors shall not exceed two and one-half (2%) inches in
height, and the text limited to identification of the business.

ORDINANCES 83

Signs identifying the occupant shall be permitted at rear
entrance doors but shall not exceed six (6) square feet in
size, except where authorized by the Department of Hous-
ing and Community Development.

(3) Marquees or projecting signs shall not be placed on
any portion of any building.

(4) Painted signs on building surfaces or use of sepa-
rate cutout letters shall be permitted in accordance with
the above limits for flat signs.

(5) Non-illuminated secondary signs shall be permitted
for the identification of commercial tenants occupying the
upper floors of a building. Such signs shall not exceed
two (2) square feet in area and shall not project more
than one (1) inch beyond the surface of the building, nor
shall they be placed higher than thirteen (13) FEET above
grade level.

4£4- Roof top signs, signs above the parapot of a build -
iftgr billboards, Q¥ outdoor advertising signs painted op
mount e d e» structures other than billboards, exc e pt as
oth e rwise heroin providod, shall »ot be pormittodi

4^ (6) Painted or inlaid signs on cloth awnings are
permitted.

4§4- (7) Flashing or moving signs other than barber
poles shall not be permitted.

■W- All (8) EXCEPT FOR BILLBOARDS, ALL signs
not conforming to the above regulations shall be re-
moved within two (2) years from date of enactment of the
ordinance approving this Plan oxcopt bill- PLAN, boards
larg e r than sixty (60) square feety which shall be romovod
within five 4&)- years* No l e as e fe* sueh billboards expiring
after date of enactment of the ordinanc o approving this
P lan shall be r e newed* Future minor privilege permits for
signs shall be issued only for those signs meeting project
design criteria.

4W)- (9) No private signs shall be permitted except as
herein provided or as otherwise authorized by the Depart-
ment of Housing and Community Development for tem-
porary purposes not exceeding thirty (30) days.

84 ORDINANCES Ord. No. 939

h. Period of Compliance

To the extent that rehabilitation requirements for com-
mercial uses are specifically applicable to the Jonestown
area and are not generally required elsewhere, the work
necessary to meet such requirements shall be completed
within two (2) years from the effective date of this Plan.
No work, alterations or improvements shall be undertaken
after enactment of the ordinance approving this Plan
which do not conform with the requirements herein.

Sec. 44v 12. And be it further ordained, That any person
violating any of the provisions of Section 40 11 of this ordi-
nance shall be guilty of a misdemeanor and shall be subject
to a fine not exceeding One Hundred Dollars ($100.00) and
that each day's violation shall constitute a separate offense.

Sec. i2r 13. And be it further ordained, That in whatever
respect, if any, the Renewal Plan approved hereby for the
Jonestown area may not meet the requirements as to the
content of a renewal plan or the procedure for the prepara-
tion, adoption, and approval of renewal plans as provided
in Ordinanc e £vOr i&Sy approved Juno 2S? 1968, as amended
to date SECTION 25 OF ARTICLE 13 OF THE BALTI-
CITY CODE (1976 EDITION, AS AMENDED), the said
requirements are hereby waived and the Renewal Plan ap-
proved hereby is exempted therefrom.

Sec. 4&r 14. And be it further ordained, That in the event
it be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part is invalid, the re-
maining provisions and application of such provisions to
other persons or circumstances shall not be affected there-
by, the Mayor and City Council hereby declaring that they
would have ordained the remaining provisions of this ordi-
nance without the word, phrase, clause, sentence, para-
graph, section or part or the application thereof so held
invalid.

Sec. 44t 15. And be it further ordained, That in any case
where a provision of this ordinance concerns the same
subject matter as an existing provision of any zoning,
building, electrical, plumbing, health, fire or safety ordi-

ORDINANCES 85

nance or code or regulation, the applicable provisions con-
cerned shall be construed so as to give effect to each; pro-
vided, however, that if such provisions are found to be in
irreconcilable conflict, the provision which establishes the
higher standard for the promotion and protection of the
public health and safety shall prevail. In any case where a
provision of this ordinance is found to be in conflict with
an existing provision of any other ordinance or code or
regulation in force in the City of Baltimore which estab-
lishes a lower standard for the promotion and protection
of the public health and safety, the provision of this ordi-
nance shall prevail, and the other existing provision of such
other ordinance or code or regulation is hereby repealed to
the extent that it may be found in conflict with this ordi-
nance.

Sec. 4£t 16. And be it further ordained, That to the ex-
tent that this ordinance shall conflict with any other ordi-
nance in effect in the City of Baltimore related to urban
renewal, the terms and conditions of this ordinance shall
prevail.

Sec. i&r 17. And be it further ordained, That this ordi-
nance shall take effect from the date of its passage.

Approved December 14, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 940

(Council No. 1989)

An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in ac-
cordance with Article V, Section 5(b) of the City Char-
ter, all of the interest of the Mayor and City Council of
Baltimore in and to certain parcels of land and improve-
ments located generally in the Federal Hill Area of Bal-
timore, Maryland, said properties being no longer needed
for public use.

86 ORDINANCES Ord. No. 940

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or pri-
vate sale in accordance with Article V, Section 5 (b) of the
City Charter, all of the interest of the Mayor and City
Council of Baltimore in and to those parcels of land situate
in Baltimore, Maryland, and described as follows:

722 S.

Charles Street

724 S.

Charles Street

726 S.

Charles Street

728 S.

Charles Street

730 S.

Charles Street

732 S.

Charles Street

734 S.

Charles Street

736 S.

Charles Street

738 S.

Charles Street

800/812 S.

Charles Street

805 S.

Charles Street

807 S.

Charles Street

809 S.

Charles Street

811 S.

Charles Street

815 S.

Charles Street

817 S.

Charles Street

819 S.

Charles Street

821 S.

Charles Street

3/5 E. Churchill Street

26 E. Churchill Street

28 E. Churchill Street

714 S. Hanover Street

716 S. Hanover Street

718 S. Hanover Street

719 S. Hanover Street

720 S. Hanover Street

722 S. Hanover Street

723 S. Hanover Street

724 S. Hanover Street

725 S. Hanover Street

727 S. Hanover Street

728 S. Hanover Street
730 S. Hanover Street

732/734 S. Hanover Street

801 S. Hanover Street

ORDINANCES 87

805 S. Hanover Street
813 S. Hanover Street
827 S. Hanover Street

25 W. Hughes Street

107 W. Hughes Street

800 Leadenhall Street
802 Leadenhall Street
804 Leadenhall Street

806 Leadenhall Street
808 Leadenhall Street

709 Light Street
711 Light Street
713 Light Street
715/717 Light Street
810 Light Street
812 Light Street

7 E. Montgomery Street
11 E. Montgomery Street
17 E. Montgomery Street
19 E. Montgomery Street
23 E. Montgomery Street
29 E. Montgomery Street
31 E. Montgomery Street
33 E. Montgomery Street
35 E. Montgomery Street

102 E. Montgomery Street

120 E. Montgomery Street

122/124 E. Montgomery Street

132 E. Montgomery Street

4 W. Montgomery Street
6 W. Montgomery Street

8 W. MONTGOMERY STREET
10 W. MONTGOMERY STREET
17 W. Montgomery Street

19 W. Montgomery Street
102 W. Montgomery Street
104 W. Montgomery Street

108 W. Montgomery Street

109 W. MONTGOMERY STREET
111 W. MONTGOMERY STREET
114 W. Montgomery Street

ORDINANCES

Ord. No. 941

117 W. Montgomery Street
119 W. Montgomery Street
121/123 W. Montgomery Street
125 W. Montgomery Street
127 W. Montgomery Street
129 W. Montgomery Street
141 W. Montgomery Street
143 W. Montgomery Street
145 W. Montgomery Street
149 W. Montgomery Street

803 Peach Street

704 S. Sharp Street

706 S. Sharp Street

708 S. Sharp Street

710 S. Sharp Street

807 S. Sharp Street

809 S. Sharp Street

702 William Street
704 William Street

Said properties being no longer needed for public use.

Sec. 2. Be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
been first approved by the City Solicitor.

Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved December 14, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 941

(Council No. 2089)

An Ordinance to repeal and reordain with amendments
Section 21 of Article 29 of the Baltimore City Code
(1976 Edition), title "Water," subtitle "Miscellaneous"
and to add new Section 21 A to that code, title, and sub-

ORDINANCES 89

title, providing for fixing of rates and charges for sani-
tary wastewater and water, accounting, record keeping,
budgeting, financing, and expenditures in connection
with the sanitary wastewater and water utilities, re-
pealing inconsistent law, and relating generally to sani-
tary wastewater and water.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 21 of Article 29 of the Balti-
more City Code (1976 Edition), title "Water," subtitle
"Miscellaneous/' be and it is hereby repealed and reor-
dained with amendments to read as follows:

21.

f For the use of water for any purpose, except for the
purpose and in buildings of the character above desig-
nated, whether such water be used within said buildings
or outside thereof, the charges shall be at such rates and
shall be ascertained in such manner and the water shall
be used upon such terms and conditions as the Board of
Estimates shall prescribe, and full power and authority
is hereby delegated to said Board to assess and establish
fixed annual charges for the use of the water in said
buildings, and to change the same if it is deemed advisable,
and to determine the terms, from year to year, and the
conditions upon which the same may be used; provided,
that such fixed charges or rates if and when established,
shall be uniform for all individuals, firms or corporations
engaged in the same class or description of business or
occupation; and provided, further, that if the said Board,
in any case, shall deem proper and advisable, it shall have
full power and authority to install, in any of said build-
ings, proper water meters, and to ascertain by said meters,
the amount of water used, and such meter rates shall be
in lieu and instead of any fixed charge for water used in
such buildings.]

The Board of Estimates on the recommendation of the
Director of Finance and the Director of Public Works
shall have the power to assess, establish, and change rates
and charges for (1) sanitary wastewater and (2) for the
supply and use of water for any purpose and at any point
in or outside Baltimore City, either by meter, fixed charge

90 ORDINANCES Ord. No. 941

or otherwise. AT LEAST SO DAYS BEFORE TAKING
ANY FINAL ACTION ON RATES OR CHARGES, THE
BOARD OF ESTIMATES SHALL PUBLISH NOTICE
OF THE PROPOSED ACTION AND SHALL SEND THE
RECOMMENDATIONS OF THE DIRECTOR OF FI-
NANCE AND THE DIRECTOR OF PUBLIC WORKS
TO THE CITY COUNCIL AND THE MEMBERS
THEREOF AND SHALL AFFORD AN OPPORTUNITY
FOR THE COUNCIL MEMBERS AND THE PUBLIC
TO MAKE RECOMMENDATIONS THEREON. The
Board shall also have the power to provide for abatement
and reduction of such rates or other charges.

Sec. 2. And be it further ordained, That new Section
21A be and it is hereby added to Article 29 of the Balti-
more City Code (±&66 1976 Edition), title "Water," sub-
title "Miscellaneous," to read as follows:

21A.

(a) The accounting system for the water and sanitary
wastewater utilities shall conform to generally accepted
principles of utility accounting and shall be kept on the
accrual basis, and in the manner prescribed in Article
VII, Section 8 of the City charter. The records of revenues
of each said utility shall be kept so that the sales made
to each class of customer according to the rate schedules
adopted by the Board of Estimates for each utility can be
determined. After the close of each fiscal year there shall
be submitted to the Board of Estimates, the Commissioners
of Finance, and to the members of the City Council, a
report which may be submitted as a separate section of
the statements prescribed under Article VII, Section 8 of
the City charter as to the operation of each said utility
containing at least the following financial statements: (1)
a comparative balance sheet showing the financial condi-
tion of the utility as of the beginning and close of the fiscal
year and an analysis of the retained earnings account
showing the factors of change in the account as reflected
by the comparative balance sheet; (2) a comparative in-
come statement of the last two fiscal years; and, (3) a
comparative detailed analysis of operating expense for the
last two fiscal years according to functional groupings.

ORDINANCES 91

After the budgets of the water and sanitary wastewater
utilities have been adopted, should it appear that for either
utility there will be revenues in excess of those budgeted,
additional expenditures may be authorized by the Board
of Estimates from the funds of that utility in an amount
not exceeding such excess, or, upon recommendation of the
Directors of Finance and Public Works, the Board may
decrease the utility rates and charges. Any such additional
expenditures of the water or sanitary wastewater utility
shall be subject to the appropriation procedures provided
in Section 2 of Article VI of the City charter,

(b) It shall be the duty of the Director of Finance and
the Director of Public Works to recommend, and the duty
of the Board of Estimates to establish rates and charges
to make each utility financially self-sustaining at all times,
and to adjust the rates if the projected profit and loss
statement for the current year anticipates a loss and the
actual results for the immediate prior year resulted in a
loss or deficit. The rates so established shall be at a level
sufficient to recover any accumulated loss from prior years.
In order to make and assure that each utility is financially
self sustaining, there shall be provision for operating and
maintenance costs, depreciation accruals, amortization of
bonds and for reasonable accumulation of surplus.

(c) Charges shall be made to various classes of con-
sumers including but not limited to domestic, commercial,
industrial and municipal government AND OTHER GOV-
ERNMENTAL users of the services of the water and
sanitary wastewater utilities.

(d) Expenditures may be made with the approval of
the Board of Estimates from the appropriated funds of
either utility, on the recommendation of the Director of
Public Works, for necessary renewing, improving , rebuild-
ing or extending the plant and distribution system of such
utility including all costs related thereto. The budgets for
renewing, improving and rebuilding , or extending the plant
and distribution system for each utility shall be prepared
in the manner prescribed in Article VI, Section 2 of the
City charter.

(e) The City may lend to each utility an amount not
to exceed the equivalent to a sixty day cash working capi-

92 ORDINANCES Ord. No. 942

tal requirement and any such loan shall be repaid by each
utility on or before twenty- four months from the date of
such loan, with interest at the rate of average interest
earned by the City on its invested funds during the same
period.

(f) In the event that any provision in this section for
the water and sanitary wastewater utilities shall be incon-
sistent with any covenants, conditions, laws or any regula-
tions promulgated thereunder governing any contract,
project or grant from the United States or from the State
or funds dedicated by an act of Congress or by State law
or by the terms of any private grant, such provision in
this section shall be applicable only to the extent that it is
not inconsistent with any such covenants, laws or regula-
tions for any federal or State contract, project or grant or
with the terms of any such private grant.

Sec. 3. And be it further ordained, That any ordinance
or portion thereof inconsistent with any provision of this
ordinance is repealed to the extent of the inconsistency (ex-
cept as otherwise stated herein) ; however, any rate, charge,
or surcharge for wastewater or water, and practices, rules
and regulations relating to wastewater or water, existing
on the effective date of this ordinance, shall continue in
effect until changed pursuant to the provisions of this
ordinance.

Sec. 4. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved December 14, 1978.

WILLIAM DONALD SCHAEFER, Mayor.

No. 942
(Council No. 1918)

An Ordinance to authorize the use of the property on the
south side of Walbrook Avenue, west from Ellamont,

ORDINANCES 93

known as 3205 Walbrook Avenue, as outlined in red on
the plats accompanying this ordinance, for an open air
off-street parking facility in the R-7 District, pursuant
to Sections 4.7-ld and 11.0-6d of Article 30 of the Bal-
timore City Code (1976 Edition), title "Zoning".

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the property on the south side of Wal-
brook Avenue, west from Ellamont, known as 3205 Wal-
brook Avenue, as outlined in red on the plats accompanying
this ordinance, be and it is hereby authorized for use as
an open air off-street parking facility in the R-7 District,
pursuant to Sections 4.7-ld and 11.0-6d of Article 30 of the
Baltimore City Code (1976 Edition), title "Zoning".

Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat, and when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall
then transmit a copy of the ordinance and one of the plats
to the following: The Board of Municipal and Zoning
Appeals, the Planning Commission, the Commissioner of
the Department of Housing and Community Development,
the Commissioner of Transit and Traffic, and the Zoning
Administrator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved January 23, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 943
(Council No. 2058)

An Ordinance to add new Section 105(2) to Article 31 of
the Baltimore City Code (1976 Edition), title "Transit

94 ORDINANCES Ord. No. 944

and Traffic", subtitle "Impounding", designating both
sides of Eutaw Street from Baltimore Street to Madison
Street as an impounding area.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 105(2) be and it is hereby
added to Article 31 of the Baltimore City Code (1976 Edi-
tion), title "Transit and Traffic", subtitle "Impounding",
to read as follows :

105.

(2) Eutaw Street, both sides, from Baltimore Street to
Madison Street.

Sec. 2. And be it further ordained, That this ordinance
shall take effect 30 days from date of its passage.

Approved January 23, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 944
(Council No. 2027)

An Ordinance to amend the Renewal Plan for the Loft
District Urban Renewal Project, which Plan was orig-
inally approved by Ordinance No. 403 dated July 22,
1977, to, among other things: (1) expand the project
area boundary along the north and east sides to coincide
with the boundaries of two other existing urban renewal
areas, and further modify the boundary description for
purposes of clarity and conciseness; (2) authorize the
acquisition by purchase or by condemnation by the
Mayor and City Council of Baltimore, for urban renewal
purposes, of 2% a^4 2S-30 26-30 S. Howard Street , 221-
231 S. GREENE STREET, AND 522-526 PORTLAND
STREET; (3) change the zoning of 32-42 S. Paca Street
from M-l-3 to B-4-2 as approved by Ordinance No. 576
dated November 10, 1977; (4) consolidate the Existing

ORDINANCES 95

Zoning and Proposed Zoning map exhibits attached to
said Renewal Plan and revise and/or add certain other
exhibits to indicate the changes provided herein; (5)
waive such requirements, if any, as to content or proce-
dure for the preparation, adoption, and approval of re-
newal plans as set forth in Section 25 of Article 13 of
the Baltimore City Code (1977 Cumulative Supplem e nt)
(1976 EDITION, AS AMENDED) ; (6) provide for the
separability of the various parts and applications of this
ordinance; (7) provide that where the provisions of this
ordinance shall conflict with any other ordinance, code or
regulation, the provisions which establish the higher
standard shall prevail; and (8) provide for the effective
date hereof.

Whereas, the Renewal Plan for the Loft District was
approved by the Mayor and City Council of Baltimore by
Ordinance No. 403 dated July 22, 1977 ; and

Whereas, pursuant to Section 25 of Article 13 of the
Baltimore City Code (1977 Cumulativo Supplomont) (1976
EDITION, AS AMENDED), no substantial change or
changes shall be made in any renewal plan after approval
by ordinance, without such change or changes first being
adopted and approved in the same manner as set forth in
said Section 25 for the approval of a renewal plan, namely
the preparation of such change or changes by the Depart-
ment of Housing and Community Development, the ap-
proval of such change or changes by the Director of the
Department of Planning, and approval and adoption by an
ordinance of the Mayor and City Council of Baltimore after
a public hearing in relation thereto, all in the manner set
forth in said Section 25 ; and

Whereas, extensive changes in the Renewal Plan for
the Loft District make it infeasible to make line-by-line
changes; therefore, the Department of Housing and Com-
munity Development has prepared an amended Renewal
Plan for the Loft District, revised to include Amendment
No. 1, dated October 9, 1978 ; and

Whereas, the amended Renewal Plan for the Loft Dis-
trict has been approved by the Director of the Department
of Planning with respect to its conformity as to the Master

96 ORDINANCES Ord. No. 944

Plan, the detailed location of any public improvements pro-
posed in the amended Renewal Plan, its conformity to the
rules and regulations for subdivisions, and its conformity
to existing zoning classifications ; and the amended Renewal
Plan for the Loft District has been approved and recom-
mended to the Mayor and City Council of Baltimore by the
Commissioner of the Department of Housing and Commu-
nity Development ; now, therefore,

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the amended Renewal Plan for the Loft
District, identified as "Loft District Renewal Plan", re-
vised to include Amendment No. 1 dated October 9, 1978,
AND REVISED JANUARY 11, 1979, is hereby approved
and the Clerk of the City Council is hereby directed to file
a copy of said amended Renewal Plan with the Department
of Legislative Reference as a permanent record and to
make the same available for public inspection and in-
formation.

Sec. 2. And be it further ordained, That the boundaries
of the Loft District Urban Renewal Project shall be ex-
panded along the north and east sides to coincide with the
boundaries of the Retail District and Charles Center Re-
newal Projects; therefore, Section 2 of Ordinance No. 403,
dated July 22, 1977, is hereby amended to read as follows :

Beginning for the same at the point formed by the inter-
section of the '[north side of Baltimore Street, as now laid
out 66 feet wide, and the west side of Eutaw Street, as
now laid out 82.5 feet wide, and running thence binding
on the west side of said Eutaw Street, Northerly 176 feet,
more or less, to intersect the line of the north side of
Fairmount Avenue, as now laid out, if projected westerly;
thence binding in part reversely on said line so projected,
in part on the north side of said Fairmount Avenue, and
in all, crossing Eutaw Street and Howard Street, Easterly
504 feet, more or less,] south side of Fayette Street and
the west side of Park Avenue and running thence binding
on the west side of said Park Avenue southerly to intersect
the north side of Fairmount Avenue, crossing Fairmount
Avenue, southerly and binding in part on the northwest
side of Park Avenue and in part on the line of last said

ORDINANCES 97

Park Avenue, if projected southwesterly, crossing Balti-
more Street to intersect the south side of Baltimore Street;
thence binding on the south side of said Baltimore Street
westerly to intersect the east side of Howard Street [, as
now laid out]; thence binding on the east side of [said]
Howard Street, [crossing Fairmount Avenue and Balti-
more Street,] southerly [819 feet, more or less,] to inter-
sect the north side of Lombard Street [, as now laid out] ;
thence binding on [the line of] the north side of i[said]
Lombard Street, if projected westerly, crossing Howard
Street, [and on the north outline of the Department of Hous-
ing and Community Development, Inner Harbor West Proj-
ect Boundary,] westerly [82.5 feet, more or less,] to inter-
sect the west side of said Howard Street; thence binding
on the west side of said Howard Street [and on a west out-
line of said Inner Harbor West Project Boundary,]
SOUTHERLY, [12 FEET, MORE OR LESS] to intersect
the north side of Lombard Street [, as now laid out 66 feet
wide] ; thence binding on the north side of [last said] Lom-
bard Street, crossing Eutaw Street, [and on the north out-
line of said Inner Harbor West Project Boundary,] westerly
[722 feet, fmore or less,] to intersect the east side of Paca
Street [, as now laid out] ; thence binding on the east side
of [said] Paca Street, crossing Lombard Street, Lemmon
Street and Pratt Street, [and on the west outline of said
Inner Harbor West Project Boundary,] southerly [574
feet, more or less,] to intersect the line of the northwest
side of Washington Boulevard, [as now laid out,] if pro-
jected northeasterly; thence binding in part reversely on
last said line so projected [, in part] on the northwest side
of said Washington Boulevard, ,[and in all, along the north-
west outline of the Department of Housing and Community
Development-Camden Industrial Park Boundary,] crossing
Paca Street, Dover Street and Portland Street, [South-
westerly [500 feet, more or less,] to intersect the line of
the east side of Greene Street, [as now laid out 66 feet
wide,] if projected southerly; thence binding in part re-
versely on last said line so projected [, in part] on the east
side of [said] Greene Street, [and in all,] crossing Port-
land Street, Dover Street and Pratt Street, northerly [420
feet, more or less,] to intersect the north side of Pratt
Street [, as now laid out 66 feet wide] ;

98 ORDINANCES Ord. No. 944

thence binding on the north side of said Pratt Street,
westerly [33 feet] to intersect the center line of said
Greene Street; thence binding on the center line of said
Greene Street, [and on the east outline of the Department
of Housing and Community Development - University of
Maryland Project I Boundary, Northerly 199 feet, more or
less; thence binding on a north outline of said University
of Maryland Project I Boundary, Westerly 33 feet, more
or less, to intersect the west side of said Greene Street;
thence binding on the west side of said Greene Street,]
crossing Lombard Street, northerly [238 feet, more or
less,] to intersect the north side of Lombard Street [, as
now laid out 66 feet wide]; thence binding on the north
side of [last said] Lombard Street, crossing Greene Street,
easterly [265 feet, more or less,] to the west outline of
the property known as No. 40/42 South Paca Street;
thence binding on the west outline of the properties known
as No's. 40/42 through and including 32/34 South Paca
Street, northerly [185 feet, more or less,] to the north
outline of the property known as No. 32/34 South Paca
Street ; thence binding in part on the north outline of LAST
said property, in part on the line of the north outline of last
said property if projected easterly, [and in all, Easterly
171 feet, more or less, to intersect the east outline of the
Department of Housing and Community Development -
University of Maryland Project II Boundary;] to inter-
sect the center line of Paca Street; thence binding on ![the
east outline of said University of Maryland Project II
Boundary,] the center line of Paca Street, crossing Cider
Alley, Redwood Street, [and] Baltimore Street, [Northerly
541 feet, more or less, to intersect the line of the north
side of a 16 foot alley laid out 60 feet north of Baltimore
Street, as now laid out 66 feet wide, if projected westerly;
thence binding in part reversely on last said line so pro-
jected, in part on the north side of said 16 foot alley, and
in all, Easterly 232 feet, more or less, to the east side of
another 16 foot alley, laid out 110.25 feet west of Eutaw
Street, as now laid out 82.5 feet wide; thence binding on
the east side of last said 16 foot alley, Southerly 76 feet
to intersect the north side of said Baltimore Street and
thence binding on the north side of said Baltimore Street,]
and Fairmount Avenue to intersect the south side of Fay-

ORDINANCES 99

ette Street; thence binding on the south side of Fayette
Street, easterly £110.25 feet] to the place of beginning.

Sec. 3. And be it further ordained, That it may be neces-
sary to acquire, by purchase or by condemnation, for ur-
ban renewal purposes, the fee simple interest or any lesser
interest in and to certain properties, together with all
right, title, interest, and estate that the owner or owners
of said property interests may have in all streets, alleys,
ways or lanes, public or private, both abutting the whole
area described and/or contained within the perimeter of
said area, situate in Baltimore City, Maryland, and de-
scribed as follows:

221 S. GREENE STREET
223 S. GREENE STREET
225 S. GREENE STREET
227 S. GREENE STREET
229-31 S. GREENE STREET

26 26-30 S. Howard Street
2g-g0 St Howard Stroot

522 S. PORTLAND STREET
524 S. PORTLAND STREET
526 S. PORTLAND STREET

Sec. 4. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the
Board of Estimates, in the exercise of the power vested in
it by Article V, Section 5, of the Baltimore City Charter,
may hereafter from time to time designate, is or are au-
thorized to acquire on behalf of the Mayor and City Coun-
cil of Baltimore and for the purposes described in this
ordinance, the fee simple interest or any lesser interest in
and to the properties or portions thereof hereinabove men-
tioned. If the Real Estate Acquisition Division of the De-
part of the Comptroller, or such person or persons and in
such manner as the Board of Estimates, in the exercise of
the power vested in it by Article V, Section 5 of the Balti-
more City Charter, may hereafter from time to time desig-
nate, is or are unable to agree with the owner or owners

100 ORDINANCES Ord. No. 944

on the purchase price for said properties or portions
thereof, it or they shall forthwith notify the City Solicitor
of Baltimore City, who shall thereupon institute in the
name of the Mayor and City Council of Baltimore the
necessary legal proceedings to acquire by condemnation
the fee simple interest or any lesser interest in and to said
properties or portions thereof.

Sec. 5. And be it further ordained, That in whatever
respect, if any, the amended Renewal Plan approved here-
by for the Loft District may not meet the requirements as
to the content of a renewal plan or the procedures for the
preparation, adoption, and approval of renewal plans, a«
provided in Section 25 of Article 13 of the Baltimore City
Code 4i$W Cumulative Supplement ) (1976 EDITION, AS
AMENDED), the said requirements are hereby waived and
the amended Renewal Plan approved hereby is exempted
therefrom.

Sec. 6. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the appli-
cation thereof so held invalid.

Sec. 7. And be it further ordained, That in any case
where a provision of this ordinance concerns the same
subject matter as an existing provision of any zoning,
building, electrical, plumbing, health, fire or safety ordi-
nance or code or regulation, the applicable provisions con-
cerned shall be construed so as to give effect to each; pro-
vided, however, that if such provisions are found to be in
irreconcilable conflict, the provision which establishes the
higher standard for the promotion of the public health
and safety shall prevail. In any case where a provision of
this ordinance is found to be in conflict with an existing

ORDINANCES 101

provision of any other ordinance or code or regulation in
force in the City of Baltimore which establishes a lower
standard for the promotion and protection of the public
health and safety, the provision of this ordinance shall
prevail, and the other existing provision of such other
ordinance or code or regulation is hereby repealed to the
extent that it may be found in conflict with this ordinance.

Sec. 8. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved January 29, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 945
(Council No. 2036)

An Ordinance to condemn and open, all streets and alleys
referred to among the Land Records of Baltimore City
and lying within the area bounded by Castle Street,
Fayette Street, Washington Street and the south and
west outlines of the property known as No. 2001/25
Orleans Street and lying within the Washington Hill-
Chapel Neighborhood Development Program in accord-
ance with a plat thereof numbered, 309-A-21, prepared
by the Surveys and Records Division and filed in the
Office of the Department of Public Works, on the
Twenty-eighth (28th) day of September, 1978, and now
on file in said office.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn,
open, all streets and alleys referred to among the Land
Records of Baltimore City and lying within the area
bounded by Castle Street, Fayette Street, Washington
Street and the south and west outlines of the property
known as No. 2001/25 Orleans Street and lying within the
Washington Hill-Chapel Neighborhood Development Pro-

102 ORDINANCES Ord. No. 945

gram the streets and alleys hereby directed to be con-
demned for said opening being described as follows:

1 — An alley, 5 feet wide, laid out 80 feet south of Or-
leans Street and extending from Washington Street, East-
erly 140 feet, more or less, to the end thereof and desig-
nated as Parcel No. 1.

2 — An alley, 5 feet wide, laid out 80 feet east of Wash-
ington Street and extending from a 10 foot alley laid out
100 feet south of Orleans Street, Northerly 15 feet to a
5 foot alley laid out 80 feet south of said Orleans Street
and designated as Parcel No. 2.

3 — An alley, 5 feet wide, laid out 52.25 feet west of
Castle Street and extending from a 10 foot alley laid out
100 feet south of Orleans Street, Northerly 15 feet to a 5
foot alley laid out 80 feet south of said Orleans Street and
designated as Parcel No. 3.

4 — An alley, 10 feet wide, laid out 100 feet south of Or-
leans Street and extending from Castle Street, Westerly
192 feet, more or less, to Washington Street and desig-
nated as Parcel No. 4.

5 — An alley, 10 feet wide, laid out 90 feet east of Wash-
ington Street and extending from Wapping Alley laid out
74 feet north of Fayette Street, Northerly 179.5 feet, more
or less, to a 10 foot alley laid out 100 feet south of Orleans
Street and designated as Parcel No. 5.

6 — An alley, 2 feet wide, laid out 37 feet north of Wap-
ping Alley laid out 74 feet north of Fayette Street and
extending from a 10 foot alley laid out 90 feet east of
Washington Street, Easterly 75 feet, more or less, to the
end thereof and designated as Parcel No. 6.

7 — Wapping Alley, 10 feet wide, laid out 74 feet north
of Fayette Street and extending from Washington Street,
Easterly 175 feet, more or less, to the end thereof and
designated as Parcel No. 7.

the said alleys as directed to be condemned being more
particularly described and referred to among the Land
Records of Baltimore City and delineated and particularly
shown on a plat numbered 309-A-21 which was filed in the

ORDINANCES 103

Office of the Department of Public Works on the Twenty-
eighth (28th) day of September in the year 1978, and is
now on file in said Office.

Sec. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to the
condemnation and opening of said streets and alleys and
the proceedings and rights of all parties interested or af-
fected thereby, shall be regulated by, and be in accordance
with, any and all applicable provisions of Article 4 of the
Code of Public Local Laws of Maryland and the Charter
of Baltimore City (1964 Revision) as amended to July 1,
1973 and any and all amendments thereto, and any and
all other Acts of the General Assembly of Maryland, and
any and all ordinances of the Mayor and City Council of
Baltimore, and any and all rules or regulations in effect
which have been adopted by the Director of Public Works
and filed with the Department of Legislative Reference.

Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved February 6, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 946

(Council No. 2037)

An Ordinance to condemn and close all streets and alleys
referred to among the Land Records of Baltimore City
and lying within the area bounded by Castle Street,
Fayette Street, Washington Street and the south and west
outlines of the property known as No. 2001/25 Orleans
Street and lying within the Washington Hill-Chapel
Neighborhood Development Program in accordance with
a plat thereof numbered 309-A-21A, prepared by the
Surveys and Records Division and filed in the Office of the
Department of Public Works, on the Twenty-eighth
(28th) day of September, 1978, and now on file in said
office.

104 ORDINANCES Ord. No. 946

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn and
close all streets and alleys referred to among the Land
Records of Baltimore City and lying within the area bounded
by Castle Street, Fayette Street, Washington Street and the
south and west outlines of the property known as No. 2001/
25 Orleans Street and lying within the Washington Hill-
Chapel Neighborhood Development Program the streets and
alleys hereby directed to be condemned for said closing being
described as follows:

1 — An alley, 5 feet wide, laid out 80 feet south of Orleans
Street and extending from Washington Street, Easterly 140
feet, more or less, to the end thereof and designated as Par-
cel No. 1.

2 — An alley, 5 feet wide, laid out 80 feet east of Wash-
ington Street and extending from a 10 foot alley laid out 100
feet south of Orleans Street, Northerly 15 feet to a 5 foot
alley laid out 80 feet south of said Orleans Street and desig-
nated as Parcel No. 2.

3 — An alley, 5 feet wide, laid out 52.25 feet west of Castle
Street and extending from a 10 foot alley laid out 100 feet
south of Orleans Street, Northerly 15 feet to a 5 foot alley
laid out 80 feet south of said Orleans Street and designated
as Parcel No. 3.

4— An alley, 10 feet wide, laid out 100 feet south of Or-
leans Street and extending from Castle Street, Westerly
192 feet, more or less, to Washington Street and designated
as Parcel No. 4.

5 — An alley, 10 feet wide, laid out 90 feet east of Wash-
ington Street and extending from Wapping Alley laid out 74
feet north of Fayette Street, Northerly 179.5 feet, more or
less, to a 10 foot alley laid out 100 feet south of Orleans
Street and designated as Parcel No. 5.

6 — An alley, 2 feet wide, laid out 37 feet north of Wap-
ping Alley laid out 74 feet north of Fayette Street and
extending from a 10 foot alley laid out 90 feet east of Wash-
ington Street, Easterly 75 feet, more or less, to the end
thereof and designated as Parcel No. 6.

ORDINANCES 105

7 — Wapping Alley, 10 feet wide, laid out 74 feet north
of Payette Street and extending from Washington Street,
Easterly 175 feet, more or less, to the end thereof and desig-
nated as Parcel No. 7.

the said alleys as directed to be condemned being more par-
ticularly described and referred to among the Land Records
of Baltimore City and delineated and particularly shown
on a plat numbered 309-A-21A which was filed in the Office
of the Department of Public Works on the Twenty-eighth
(28th) day of September, in the year 1978 and is now on
file in the said Office.

Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provisions
of this Ordinance, all subsurface structures and appurten-
ances now owned by the Mayor and City Council of Balti-
more, shall be and continue to be the property of the Mayor
and City Council of Baltimore, in fee simple, until the use
thereof shall be abandoned by the Mayor and City Council
of Baltimore, and in the event that any person, firm or
corporation shall first obtain permission and permits there-
for from the Mayor and City Council of Baltimore, and
shall in the application for such permission and permits
agree to pay all costs and charges of every kind and nature
made necessary by such removal, alteration or interference.

Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in said
portion of said highway or highways after the same shall
have been closed under 'the provisions of this ordinance until
the subsurface structures and appurtenances now owned by
the Mayor and City Council of Baltimore, over which said
buildings or structures are proposed to be constructed or
erected shall have been abandoned or shall have been re-
moved and relaid in accordance with the specifications and
under the direction of the Director of Public Works of Bal-
timore City, and at the expense of the person or persons or
body corporate desiring to erect such buildings or structures.
Railroad tracks shall be taken to be "structures" within the
meaning of this section.

Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provisions

106 ORDINANCES Ord. No. 946

of this ordinance, all subsurface structures and appur-
tenances owned by any person, firm or corporation, other
than the Mayor and City Council of Baltimore, shall upon
notice from the Director of Public Works of Baltimore City,
be promptly removed by and at the expense of the said
owners.

SEC. 5. And be it further ordained, That on and after the
closing of said highway or highways, the said Mayor and
City Council of Baltimore, acting through its duly author-
ized representatives, shall, at all times, have access to said
property and to all subsurface structures and appurte-
nances used by it therein, for the purposes of inspection,
maintenance, repair, alteration, relocation and/or replace-
ment, of any or all of said structures and appurtenances,
and this without permission from or compensation to the
owner or owners of said land.

SEC. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said streets and alleys and the
proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code of
Public Local Laws of Maryland and the Charter of Balti-
more City (1964 Revision) as amended to July 1, 1973 and
any and all amendments thereto, and any and all other
Acts of the General Assembly of Maryland, and any and all
ordinances of the Mayor and City Council of Baltimore, and
any and all rules or regulations in effect which have been
adopted by the Director of Public Works and filed with the
Department of Legislative Reference.

SEC 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved February 6, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 107

No. 947
(Council No. 2079)

An Ordinance to repeal and reordain, with amendments.
Section 1, as ordained by Ordinance 854, approved April
23, 1975 condemning and closing a portion of Interstate
Route 95 located generally between North Point Road
and Kane Street in accordance with a plat thereof num-
bered "321-A-8.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 1 ordained by Ordinance 854
approved April 23, 1975, be and it is hereby repealed and
reordained with amendments, to read as follows:

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Assessments be, and
they are hereby authorized and directed to condemn and
close a portion of Interstate Route No. 95 located gener-
ally between North Point Road and Kane Street the por-
tion of Interstate Route No. 95 hereby directed to be con-
demned for said closing being described as follows:

Beginning for Parcel No. 1 at a point on the southeast
side of Bay View Avenue, as now laid out, distant south-
westerly 861.57 feet measured along the southeast side of
said Bay View Avenue from the intersection of the East-
ern Boundary Line of Baltimore City, established 1918,
said point of beginning being the end of the third line of
the fourth parcel of land (Schedule "D") conveyed by
Canton Company of Baltimore and Canton Railroad Com-
pany to the Mayor and City Council of Baltimore by deed
dated December 10, 1969 and recorded among the Land
Records of Baltimore City in Liber R.H.B. No. 2592, Folio
199 and running thence binding on the southeast side of
said Bay View Avenue the two following courses and dis-
tances; namely, by a line curving to the right with a
radius of 1360.00 feet the distance of 66.20 feet which arc
is subtended by a chord bearing North 62°-32'-45" East
66.19 feet and North 63°-56'-25" East 148.93 feet to the
division line between the parcel of land herein being de-
scribed and known as Parcel No. 1 of Development Area

108 ORDINANCES Ord. No. 947

5 of the Quad Avenue Industrial Park and the parcel of
land adjoining on the east thereof known as Parcel No. 2
of Development Area 5 of the Quad Avenue Industrial Park ;
thence binding on said division line, South 14^ 11°-31'-
51" West 342.18 feet to the northwest side of Canton Rail-
road right-of-way, 60 feet wide; thence binding on said
right-of-way and on part of the second line of the fourth
parcel of land (Schedule "D") as described in said deed,
to the end thereof, there situate, by a line curving to the
left with a radius of 1170.00 feet the distance of 219.41
feet which arc is subtended by a chord bearing South
50°-27'-20" West 219.09 feet and thence binding on the
third line of the fourth parcel of land as described in said
deed, as now surveyed, North 06°-44'-55" East 381.46 feet
to the place of beginning.

Beginning for Parcel No. 2 at a point on the southeast
side of Bay View Avenue, as now laid out 80 feet wide, dis-
tant South 51°-18'-30" West 192.17 feet, measured along the
southeast side of said Bay View Avenue, from the Eastern
Boundary Line of Baltimore City, established in 1918, said
point of beginning being the beginning of the last line of
the fourth parcel of land (Schedule "D") conveyed by the
Canton Company of Baltimore and Canton Railroad Com-
pany to the Mayor and City Council of Baltimore by deed
dated December 10, 1969 and recorded among the Land
Records of Baltimore City in Liber R.H.B. No. 2592, Folio
199 and running thence binding on the last line of the
fourth parcel of land (Schedule "D") as described in said
deed, and being parallel with and distant 150.00 feet West-
erly, measured at right angles from the said Eastern
Boundary Line of Baltimore City, Due South 352.53 feet
to the northwest side of the Canton Railroad right-of-way,
60 feet wide; thence binding on the northwest side of said
right-of-way and on part of the first line of the fourth
parcel of land (Schedule "D") as described in said deed,
there situate, South 61°-44'-30" West 251.28 feet; thence
for a new line of division through the property now or
formerly owned by the Mayor and City Council of Balti-
more, and being the division line between the parcel of
land being herein described known as Parcel No. 1 of De-
velopment Area 6 of The Quad Avenue Industrial Park
and the parcel of land adjoining on the west thereof known

ORDINANCES 109

as Parcel No. 2 of Development Area 6 of The Quad
Avenue Industrial Park, North 11°-31'-51" East 358.94
feet to the southeast side of said Bay View Avenue and
thence binding on the southeast side of said Bay View
Avenue, and on part of the seventh line of the fourth
parcel of land (Schedule "D") as described in said deed,
to the end thereof, there situate, North 51°-18'-30" East
191.64 feet to the place of beginning.

Beginning for Parcel No. 3 at a point on the southeast
side of Bay View Avenue, as now laid out 80 feet wide,
distant South 51°-18'-30" West 383.81 feet, measured along
the southeast side of said Bay View Avenue from the eastern
boundary line of Baltimore City, established 1918 and
extending to a horizontal plane having an elevation of
£81.77] 85.00 feet and running thence for a new line of di-
vision through the property now or formerly owned by the
Mayor and City Council of Baltimore and being the division
line between the parcel of land known as Parcel No. 2 of
Development Area 6 of The Quad Avenue Industrial Park
and the parcel of land adjoining on the east thereof known
as Parcel No. 1 of Development Area 6 of The Quad Avenue
Industrial Park, South 11°-31'-51" West 358.94 feet to the
northwest side of The Canton Railroad right-of-way, 60 feet
wide ; thence binding on the northwest side of said right-of-
way the two following courses and distances ; namely, South
61°-44'-30" West 129.95 feet and by a line curving to the left
with a radius of 1170.00 feet the distance of 120.76 feet
which arc is subtended by a chord bearing South 58°-47'-05"
West 120.71 feet; thence binding on the division line between
the parcel of land known as Parcel No. 2 of Development
Area 5 of The Quad Avenue Industrial Park and the parcel
of land adjoining on the west thereof known as Parcel No. 1
of Development Area 5 of The Quad Avenue Industrial
Park, North 11°-31'-51" East 342.18 feet to the southeast
side of said Bay View Avenue and thence binding on the
southeast side of said Bay View Avenue the three following
courses and distances ; namely, North 63°-56'-25" East 20.22
feet, by a line curving to the left with a radius of 995.37 feet
the distance of 219.45 feet which arc is subtended by a chord
bearing North 57°-37'-27.5" East 219.00 feet and North 51°-
18'-30" East 22.97 feet to the place of beginning; saving

110 ORDINANCES Ord. No. 947

and excepting therefrom the three parcels of land described
as follows:

Beginning for Parcel "A" at a point on the division line
between the parcel of land known as Parcel No. 2 of De-
velopment Area 6 of Quad Avenue Industrial Park and the
parcel of land adjoining on the west thereof known as
Parcel No. 2 of Development Area 5 of the Quad Avenue
Industrial Park, distant South 11°-31'-51" West 302.23 feet
measured along said division line from the intersection
of the southeast side of Bay View Avenue, as now laid out
80 feet wide, and running thence for new lines of division
through said Parcel No. 2 of said Development Area 6 of the
two following courses and distances ; namely, North 58°-31'-
51" East 92.93 feet and South 31°-28'-09" East 15.00 feet;
thence for a new line of division through said Parcel No. 2
of said Development Area 6 and said Parcel No. 2 of said
Development Area 5, South 58°-31'-51" West 201.84 feet and
thence for new lines of division through said Parcel No. 2 of
said Development Area 5 the two following courses and
distances; namely, North 31°-28'-09" West 15.00 feet and
North 58°-31'-51" East 108.91 feet to the place of beginning.

Beginning for Parcel "B" at a point on the division line
between the parcel of land known as Parcel No. 2 of De-
velopment Area 6 of Quad Avenue Industrial Park and
the parcel of land adjoining on the west thereof known as
Parcel No. 2 of Development Area 5 of the Quad Avenue
Industrial Park distant South 11°-31'-51" West 151.22 feet
measured along said division line from the intersection of
the southeast side of Bay View Avenue, as now laid out 80
feet wide, and running thence for new lines of division
through said Parcel No. 2 of said Development Area 6 the
two following courses and distances; namely, North 58°-31'-
51" East 88.36 feet and South 31°-28'-09" East 15.00 feet;
thence for a new line of division through said Parcel No. 2
of said Development Area 6 and said Parcel No. 2 of said
Development Area 5, South 58°-31'-51" West 195.77 feet and
thence for new lines of division through said Parcel No. 2
of said Development Area 5 the two following courses and
distances; namely, North 31°-28'-09" West 15.00 feet and
North 58°-31'-51" East 107.41 feet to the place of beginning.

Beginning for Parcel "C" at the point formed by the
intersection of the southeast side of Bay View Avenue, as

ORDINANCES 111

now laid out 80 feet wide, and the division line between the
parcel of land known as Parcel No. 2 of Development Area 6
of Quad Avenue Industrial Park and the parcel of land
adjoining on the west thereof known as Parcel No. 2 of
Development Area 5 of Quad Avenue Industrial Park and
running thence binding on the southeast side of said Bay
View Avenue, by a line curving to the left with a radius of
995.37 feet the distance of 8.00 feet which arc is subtended
by a chord bearing North 57°-45'-39.5" East 8.00 feet;
thence for new lines of division through said Parcel No. 2
of said Development Area 6 the two following courses and
distances; namely, North 58°-31'-51" East 78.29 feet and
South 31°-28'-09" East 15.00 feet; thence for a new line of
division through said Parcel No. 2 of said Development
Area 6 and said Parcel No. 2 of said Development Area 5,
South 58°-31'-51" West 195.75 feet; thence for new lines
of division through said Parcel No. 2 of said Development
Area 5 the two following courses and distances; namely,
North 31°-28'-09" West 15.00 feet and North 58°-31'-51"
East 82.73 feet to the southeast side of said Bay View
Avenue and thence binding on the southeast side of said Bay
View Avenue, by a line curving to the left with a radius of
995.37 feet the distance of 26.74 feet which arc is subtended
by a chord bearing North 58°-45'-38.5" East 26.74 feet to
the place of beginning.

the said portion of Interstate Route No. 95 as directed to
be condemned being delineated and particularly shown on a
plat numbered 321-A-8 which was filed in the Office of the
Department of Assessments on the Eleventh (11th) day of
December in the year 1974, and is now on file in the said
Office.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved February 6, 1979.

WILLIAM DONALD SCHAEFER, Mayor,

112 ORDINANCES Ord. No. 949

No. 948
(Council No. 2126)

An Ordinance providing for reserved parking on the east
side of Monroe Street near Vine Street for Bernard C.
Kreutzer.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That on the east side of Monroe Street from a
point approximately 53 feet south of Vine Street to a point
approximately 75 feet south of Vine Street, parking is re-
served for Bernard C. Kreutzer.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved February 6, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 949
(Council No. 1806)

An Ordinance to add new Sections 29(g) and 29(h) to Ar-
ticle 11 of the Baltimore City Code (1976 Edition)
title "Health", subtitle "Animal Control", requiring the
posting of the premises before a kennel permit is granted
in a Residence or Office Residence district, requiring a
public hearing if written objections are made to the
permit, and providing that written complaints can re-
quire a revocation hearing.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Sections 29(g) and 29(h) be and
they are hereby added to Article 11 of the Baltimore City
Code (1976 Edition) title "Health", subtitle "Animal Con-
trol", to read as follows:

29.

(g) Before the issuance of a kennel permit, each appli-
cant for a permit in a Residence or Office Residence district

ORDINANCES 113

shall post the proposed kennel premises for 10 days before
a permit is granted. If, within the ten-day posting period,
no ivritten objections to the issuance of a kennel permit
are received by the Commissioner vf Health, then the
permit shall be issued. If ivritten objections are received
by the Commissioner, then the Commissioner or his desig-
nated hearing officer shall hold a public hearing in rela-
tion to the issuance of the permit, at which parties in
interest and citizens shall have an opportunity to be heard.
Denial Of a permit shall be in ivriting with specific reasons
for the denial.

(h) When three 'or more persons of different house-
holds have made ivritten complaint to the Commissioner of
Health within a 60 day period against a person operating a
kennel in a Residence or Office Residence district, then the
Commissioner shall hold a public hearing on the re-
vocation 'of the kennel permit. If the Commissioner de-
termines that there are insufficient grounds for the revoca-
tion of the kennel permit, then a second public hearing
concerning the same premises shall not be held for at
least 18 months.

Sec. 2. And be it further ordained, That this ordinance
shall take effect 30 days from the date of its passage.

Approved February 13, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 950

(Council No. 2046)

An Ordinance to condemn and close certain portions of
Broening Highway, 80 feet wide, from Keith Avenue,
southerly and southeasterly to the vicinity of Colgate
Creek in accordance with a plat thereof numbered 336-A-
1, Sheets 1 and 2, prepared by the Surveys and Records
Division and filed in the Office of the Department of Public
Works, on the Sixteenth (16th) day of October, 1978, and
now on file in said office.

114 ORDINANCES Ord. No. 950

Section 1. Be it 'ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn and
close certain portions of Broening Highway, 80 feet wide,
from Keith Avenue, southerly and southeasterly to the
vicinity of Colgate Creek the portions of Broening High-
way hereby directed to be condemned for said closing being
described as follows:

Beginning for Parcel No. 1 at the point formed by the
intersection of the east side of Broening Highway, as now
laid out 80 feet wide and the southeast side of Ramp A, 48
feet wide, of Broening Highway as realigned and widened
and running thence binding on the east side of Broening
Highway mentioned firstly herein, South 02°-53'-00" East
564.68 feet; thence binding on the north, east and south
sides of Broening Highway, as realigned and widened, the
twenty-one following courses and distances; namely, South
82°-52'-20" West 1.60 feet, by a line curving to the right
with a radius of 635.02 feet the distance of 46.11 feet which
arc is subtended by a chord bearing North 04°-57'-26" West
46.10 feet, North 02°-52'-37" West 110.77 feet, North 87°-
07'-23" East 2.00 feet, North 02°-52'-37" West 2.00 feet,
South 87°-07'-23" West 2.00 feet, North 02°-52'-37" West
17.00 feet, North 87°-07 , -23" East 2.00 feet, North 02°-52'-
37" West 2.00 feet, South 87°-07'-23" West 2.00 feet, North
02°-52'-37" West 131.00 feet, North 87°-07'-23" East 2.00
feet, North 02°-52'-37" West 2.00 feet, South 87°-07'-23"
West 2.00 feet, North 02°-52'-37" West 132.00 feet, North
87°-07'-23" East 2.00 feet, North 02°-52'-37" West 2.00 feet,
South 87°-07'-23" West 2.00 feet, North 02°-52'-37" West
97.92 feet, North 87°-07'-23" East 1.99 feet and by a line
curving to the right with a radius of 200.64 feet the distance
of 22.07 feet which arc is subtended by a chord bearing
North 00°-16'-29" East 22.06 feet to the place of beginning.

Beginning for Parcel No. 2 at a point on the east side of
Broening Highway, as now laid out 80 feet wide, said point
of beginning being distant 2.00 feet southerly measured
along said east side of Broening Highway from the south-
ernmost extremity of Parcel No. 1 and running thence bind-
ing on said east side of Broening Highway, South 02°-53'-
00" East 16.37 feet to intersect the east side of Broening
Highway as realigned and widened and thence binding on

ORDINANCES 115

the east and south sides of last said Broening Highway the
two following courses and distances; namely, by a line curv-
ing to the right with a radius of 635.02 feet the distance of
16.33 feet which arc is subtended by a chord bearing North
07°-57'-16.5" West 16.33 feet and North 82°-52'-20" East
1.45 feet to the place of beginning.

Beginning for Parcel No. 3 at a point on the west side of
Broening Highway, as now laid out 80 feet wide, said point
of beginning being distant 1192.59 feet southerly measured
along said west side of Broening Highway from the north
outline of Western Electric Co., Inc. property known as No.
2500 Broening Highway, said point of beginning also being
the intersection of said west side of Broening Highway and
the southwest side of Broening Highway as realigned and
widened and running thence binding on the west side of
Broening Highway mentioned firstly herein, by a line curv-
ing to the left with a radius of 411.50 feet the distance of
60.38 feet which arc is subtended by a chord bearing South
14°-12'-04" East 60.33 feet to intersect the northwest side of
Broening Highway as realigned and widened and thence
binding on the northwest and southwest sides of last said
Broening Highway, the two following courses and distances;
namely, North 72°-27'-46" East 0.90 feet and by a line curv-
ing to the right with a radius of 719.02 feet the distance of
60.30 feet which arc is subtended by a chord bearing North
15°-03'-18" West 60.28 feet to the place of beginning.

Beginning for Parcel No. 4 at a point on the southwest
side of Broening Highway, as now laid out 80 feet wide, said
point of beginning being distant 2.00 feet southeasterly
measured along said southwest side of Broening Highway
from the south easternmost extremity of Parcel No. 3 and
running thence binding on said southwest side of Broening
Highway by a line curving to the left with a radius of 411.50
feet the distance of 26.64 feet which arc is subtended by a
chord bearing South 20°-32'-16" East 26.63 feet to intersect
the southwest side of Broening Highway as realigned and
widened and thence binding on the southwest and southeast
sides of last said Broening Highway the two following
courses and distances; namely, by a line curving to the right
with a radius of 719.02 feet the distance of 26.60 feet which
arc is subtended by a chord bearing North 18°-40'-37" West

116 ORDINANCES Ord. No. 950

26.60 feet and South 72°-27'-46" West 0.87 feet to the place
of beginning.

Beginning for Parcel No. 5 at a point on the northeast
side of Broening Highway, as now laid out 80 feet wide, said
point of beginning being distant 168.09 feet southeasterly
measured along said northeast side of Broening Highway
from the southernmost extremity of Parcel No. 2, said point
of beginning also being the intersection of said northeast
side of Broening Highway and the northeast side of Broen-
ing Highway as realigned and widened and running thence
binding on the northeast side of Broening Highway men-
tioned firstly herein, South 29°-ll'-28" East 151.83 feet to
intersect the northeast side of Broening Highway as re-
aligned and widened and thence binding on the northeast,
southeast and northwest sides of Broening Highway as re-
aligned and widened the six following courses and distances;
namely, by a line curving to the right with a radius of
1467.11 feet the distance of 78.65 feet which arc is sub-
tended bv a chord bearing North 31°-14'-35" West 78.64 feet,
North 60°-19'-55" East 2.00 feet, North 29°-40'-05" West
2.00 feet, South 60°-19'-55" West 2.00 feet, by a line curving
to the right with a radius of 1467.11 feet the distance of
10.75 feet which arc is subtended by a chord bearing North
29°-25'-09.5" West 10.75 feet and by a line curving to the
right with a radius of 635.02 feet the distance of 60.58 feet
which arc is subtended by a chord bearing North 26°-28'-35"
West 60.56 feet to the place of beginning.

Beginning for Parcel No. 6 at a point on the southwest
side of Broening Highway, as now laid out 80 feet wide,
said point of beginning being distant 263.79 feet south-
easterly measured along said southwest side of Broening
Highway from the southeasternmost extremity of Parcel
No. 4, said point of beginning also being the intersection of
said southwest side of Broening Highway and the south-
west side of Broening Highway as realigned and widened
and running thence binding on the southwest, northwest and
southeast sides of Broening Highway as realigned and
widened the eighteen following courses and distances;
namely, by a line curving to the left with a radius of 1551.11
feet the distance of 80.64 feet which arc is subtended by a
chord bearing South 36°-04'-36" East 80.64 feet, South
52°-23'-49" West 2.00 feet, South 37°-36'-ll" East 2.00 feet,

ORDINANCES 117

North 52°-23'-49" East 2.00 feet, by a line curving to the
left with a radius of 1551.11 feet the distance of 120.31
feet which arc is subtended by a chord bearing South
39°-51'-43.5" East 120.28 feet, South 47°-52'-44" West 2.00
feet, South 42°-07'-16" East 2.00 feet, North 47°-52'-44"
East 2.00 feet, by a line curving to the left with a radius
of 1551.11 feet the distance of 116.20 feet which arc is sub-
tended by a chord bearing South 44°-18'-15" East 116.17
feet, South 43°-30'-46" West 2.00 feet, South 46°-29'-14"
East 2.00 feet, North 43°-30'-46" East 2.00 feet, by a line
curving to the left with a radius of 1551.11 feet the distance
of 118.26 feet which arc is subtended by a chord bearing
South 48°-42'-30" East 118.23 feet, South 39°-04'-14" West
2.00 feet, South 50°-55'-46" East 2.00 feet, North 39°-04'-14"
East 2.00 feet, by a line curving to the left with a radius of
1551.11 feet the distance of 91.05 feet which arc is sub-
tended by a chord bearing South 52°-38'-53" East 91.04 feet
and South 54°-19'-47" East 146.47 feet to intersect the
southwest side of Broening Highway, as now laid out 80 feet
wide and thence binding on the southwest sides of last said
Broening Highway the three following courses and dis-
tances; namely, North 55°-29'-56" West 360.21 feet, by a
line curving to the right with a radius of 411.50 feet the
distance of 188.94 feet which arc is subtended by a chord
bearing North 42°-20'-42" West 187.29 feet and North
29°-ll'-28" West 140.37 feet to the place of beginning.

Beginning for Parcel No. 7 at a point on the southwest
side of Broening Highway, as now laid out 80 feet wide,
said point of beginning being distant 231.49 feet south-
easterly measured along said southwest side of Broening
Highway from the southeasternmost extremity of Parcel
No. 6, said point of beginning also being the intersection
of said southwest side of Broening Highway and the south-
west side of Broening Highway as realigned and running
thence binding on the southwest, northwest and southeast
sides of Broening Highway as realigned the seventeen
following courses and distances; namely, by a line curving
to the left with a radius of 405.00 feet the distance of 20.25
feet which arc is subtended by a chord bearing South
64°-31'-15.5" East 20.25 feet, by a line curving to the right
with a radius of 395.00 feet the distance of 72.24 feet which
arc is subtended by a chord bearing South 60°-42'-51.5"

118 ORDINANCES Ord. No. 950

East 72.14 feet, South 55°-28'-31" East 9.43 feet, South
34°-31'-29" West 2.00 feet, South 55°-28'-31" East 2.00 feet,
North 34°-31'-29" East 2.00 feet, South 55°-28'-31" East
201.00 feet, South 34°-31'-29" West 2.00 feet, South 55°-28'-
31" East 2.00 feet, North 34°-31'-29" East 2.00 feet, South
55°-28'-31" East 301.00 feet, South 34°-31'-29" West 2.00
feet, South 55°-28'-31" East 2.00 feet, North 34°-31'-29"
East 2.00 feet, South 55°-28'-31" East 7.60 feet, by a line
curving to the left with a radius of 1642.02 feet the distance
of 224.82 feet which arc is subtended by a chord bearing
South 59°-23'-51.5" East 224.64 feet and South 26°-31'-ll"
West 4.88 feet to the southwest side of Broening Highway,
as now laid out 80 feet wide and thence binding on the
southwest sides of last said Broening Highway the two
following courses and distances; namely, North 63°-16'-10"
West 147.83 feet and North 55°-29'-56" West 695.20 feet
to the place of beginning.

Beginning for Parcel No. 8 at a point on the northeast
side of Broening Highway, as now laid out 80 feet wide,
said point of beginning being distant 1422.32 feet south-
easterly measured along said northeast side of Broening
Highway from the southeasternmost extremity of Parcel
No. 5, said point of beginning also being the intersection
of said northeast side of Broening Highway and the north-
east side of Broening Highway as realigned and running
thence binding on the northeast sides of Broening Highway,
as now laid out 80 feet wide, the two following courses
and distances; namely, South 55°-29'-56" East 205.88 feet
and South 63°-16'-10" East 142.23 feet and thence binding
on the northwest and northeast sides of Broening Highway
as realigned the four following courses and distances;
namely, South 26°-47'-22" West 7.12 feet, by a line curving
to the right with a radius of 1574.02 feet the distance of
215.51 feet which arc is subtended by a chord bearing North
59°-23'-51.5" West 215.34 feet, North 55°-28'-31" West 95.27
feet and by a line curving to the right with a radius of
295.00 feet the distance of 37.74 feet which arc is subtended
by a chord bearing North 51°-48'-35.5" West 37.72 feet to
the place of beginning.

the said portions of Broening Highway as directed to be
condemned being more particularly described and referred
to among the Land Records of Baltimore City and delineated

ORDINANCES 119

and particularly shown on a plat numbered 336- A-l, Sheets
1 and 2, which was filed in the Office of the Department of
Public Works on the Sixteenth (16th) day of October, in
the year 1978 and is now on file in the said Office.

Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provisions
of this ordinance, all subsurface structures and appurte-
nances now owned by the Mayor and City Council of Balti-
more, shall be and continue to be the property of the Mayor
and City Council of Baltimore, in fee simple, until the use
thereof shall be abandoned by the Mayor and City Council
of Baltimore, and in the event that any person, firm or cor-
poration shall first obtain permission and permits therefor
from the Mayor and City Council of Baltimore, and shall
in the application for such permission and permits agree to
pay all costs and charges of every kind and nature made
necessary by such removal, alteration or interference.

Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordinance
until the subsurface structures and appurtenances now
owned by the Mayor and City Council of Baltimore, over
which said buildings or structures are proposed to be con-
structed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the
specifications and under the direction of the Director of
Public Works of Baltimore City, and at the expense of the
person or persons or body corporate desiring to erect such
buildings or structures. Railroad tracks shall be taken to
be "structures" within the meaning of this section.

Sec. 4. And be it further ordamed, That after said high-
way or highways shall have been closed under the provisions
of this ordinance, all subsurface structures and appur-
tenances owned by any person, firm or corporation, other
than the Mayor and City Council of Baltimore, shall upon
notice from the Director of Public Works of Baltimore City,
be promptly removed by and at the expense of said owners.

Sec. 5. And be it further ordained, That on and after the
closing of said highway or highways, the said Mayor and

120 ORDINANCES Ord. No. 951

City Council of Baltimore, acting through its duly author-
ized representatives, shall, at all times, have access to said
property and to all subsurface structures and appurtenances
used by it therein, for the purposes of inspection, main-
tenance, repair, alteration, relocation and/or replacement,
of any or all of said structures and appurtenances, and this
without permission from or compensation to the owner or
owners of said land.

Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said portions of Broening
Highway and the proceedings and rights of all parties
interested or affected thereby, shall be regulated by, and
be in accordance with, any and all applicable provisions of
Article 4 of the Code of Public Local Laws of Maryland and
the Charter of Baltimore City (1964 Revision) as amended
to July 1, 1973 and any and all amendments thereto, and
any and all other Acts of the General Assembly of Maryland,
and any and all ordinances of the Mayor and City Council
of Baltimore, and any and all rules or regulations in effect
which have been adopted by the Director of Public Works
and filed with the Department of Legislative Reference.

Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved February 13, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 951

(Council No. 2087)

An Ordinance to repeal and reordain with amendments
the description of Parcel 3, Section 1, of Ordinance No.
868, approved May 26, 1975, which amends the descrip-
tion limits of the elevation of Parcel 3, which parcel is
located generally on the south side of Bayview Avenue,

ORDINANCES 121

now known as Kane Street west of the Baltimore City-
line, to be sold, as no longer needed for public use.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Parcel 3, of Section 1, of Ordinance
No. 868, approved May 26, 1975, be and it is hereby re-
pealed and reordained with amendment to read as follows :

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City, be
and he is hereby authorized to sell at either public or pri-
vate sale all of the interest of the Mayor and City Council
of Baltimore in and to the parcel of land situate in Balti-
more City, described as follows :

Beginning for Parcel No. 3 at a point on the southeast
side of Bay View Avenue now known as Kane Street as now
laid out 80 feet wide, distant South 51°-18'-30" West 383.81
feet, measured along the southeast side of SAID Bay View
Avenue from the eastern boundary line of Baltimore City,
established 1918 and extending to a horizontal plane hav-
ing an elevation of [81.77] $5- 85.00 feet and running
thence for a new line of division through the property now
or formerly owned by the Mayor and City Council of Balti-
more and being the division line between the parcel of land
known as Parcel No. 2 of Development Area 6 of The Quad
Avenue Industrial Park and the parcel of land adjoining on
the east thereof known as Parcel No. 1 of Development
Area 6 of The Quad Avenue Industrial Park, South 11°-
31'-51" West 358.94 feet to the northwest side of The
Canton Railroad right-of-way, 60 feet wide ; thence binding
on the northwest side of said right-of-way the two follow-
ing courses and distances; namely, South 61°-44'-30" West
129.95 feet and by a line curving to the left with a radius
of 1170.00 feet the distance of 120.76 feet which arc
is subtended by a chord bearing South 58°-47'05" WEST
120.71 feet ; thence binding on the division line between the
parcel of land known as Parcel No. 2 of Development Area 5
of The Quad Avenue Industrial Park and the parcel of land
adjoining on the west thereof known as Parcel No. 1 of
Development Area 5 of The Quad Avenue Industrial Park,
North 11°-31'-51" East 342.18 feet to the southeast side
of said Bay View Avenue AND THENCE BINDING ON

122 ORDINANCES Ord. No. 951

THE SOUTHEAST SIDE OF SAID BAY VIEW AVE-
NUE the three following courses and distances; namely,
North 63°-56'-25" East 20.22 feet, by a line curving to the
left with a radius of 995.37 feet the distance of 219.45 feet
which arc is subtended by a chord bearing North 57°-37'-
27.5" East 219.00 feet and North 51°-18'30" East 22.97
feet to the place of beginning; saving and excepting there-
from the three parcels of land described as follows :

Beginning for Parcel "A" at a point on the division line
between the parcel of land known as Parcel No. 2 of Devel-
opment Area 6 of Quad Avenue Industrial Park and the
parcel of land adjoining on the west thereof known as
Parcel No. 2 of Development Area 5 of the Quad Avenue
Industrial Park, distant South 11°-31'-51" West 302.23
feet measured along said division line from the intersec-
tion of the southeast side of Bay View Avenue, as now laid
out 80 feet wide, and running thence for new lines of
division through said Parcel No. 2 of said Development
Area 6 the two following courses and distances; namely,
North 58°-31'-51" East 92.93 feet and South 31°-28'-09"
East 15.00 feet; thence for a new line of division through
said Parcel No. 2 of said Development Area 6 and said
Parcel No. 2 of said Development Area 5, South 58°-31 , -51"
West 201.84 feet and thence for new lines of division
through said Parcel No. 2 of said Development Area 5 the
two following courses and distances; namely, North 31°-
28'-09" West 15.00 feet and North 58°-31'-51" East 108.91
feet to the place of beginning.

Beginning for Parcel "B" at a point on the division line
between the parcel of land known as Parcel No. 2 of De-
velopment Area 6 of Quad Avenue Industrial Park and the
parcel of land adjoining on the west thereof known as
Parcel No. 2 of Development Area 5 of the Quad Avenue
Industrial Park distant South 11°-31'-51" West 151.22 feet
measured along said division line from the intersection of
the southeast side of Bay View Avenue, as now laid out
80 feet wide, and running thence for new lines of division
through said Parcel No. 2 of said Development Area 6 the
two following courses and distances; namely, North 58°-
31'-51" East 88.36 feet and South 31°-28'-09" East 15.00
feet; thence for a new line of division through said Parcel
No. 2 of said Development Area 6 and said Parcel No. 2

ORDINANCES 123

of said Development Area 5, South 58°-31'-51" West 195.77
feet and thence for new lines of division through said
Parcel No. 2 of said Development Area 5 the two following
courses and distances; namely, North 31°-28'-09" West
15.00 feet and North 58°-31'-51" East 107.41 feet to the
place of beginning.

Beginning for Parcel "C" at the point formed by the
intersection of the southeast side of Bay View Avenue, as
now laid out 80 feet wide, and the division line between
the parcel of land known as Parcel No. 2 of Development
Area 6 of Quad Avenue Industrial Park and the parcel of
land adjoining on the west thereof known as Parcel No. 2
of Development Area 5 of Quad Avenue Industrial Park
and running thence binding on the southeast side of said
Bay View Avenue, by a line curving to the left with a
radius of 995.37 feet the distance of 8.00 feet which arc
is subtended by a chord bearing North 57°-45'-39.5" East
8.00 feet; thence for new lines of division through said
Parcel No. 2 of said Development Area 6 the two follow-
ing courses and distances; namely, North 58 -31'-51" East
78.29 feet and South 31°-28'-09" East 15.00 feet; thence
for a new line of division through said Parcel No. 2 of
said Development Area 6 and said Parcel No. 2 of said
Development Area 5, South 58°-31'-51" West 195.75 feet;
thence for new lines of division through said Parcel No. 2
of said Development Area 5 the two following courses and
distances; namely, North 31°-28'-09" West 15.00 feet and
North 58°-31'-51" East 82.73 feet to the southeast side of
said Bay View Avenue and thence binding on the south-
east side of said Bay View Avenue, by a line curving to
the left with a radius of 995.37 feet the distance of 26.74
feet which arc is subtended by a chord bearing North
58°-45'-38.5" East 26.74 feet TO the place of beginning.

Said property being no longer needed for public use.

All references herein to Bay View Avenue and to the
Canton Railroad Company Right of Way are for the pur-
pose of description only and all of the City's title and
rights in and to the same are to be reserved.

Sec. 2. Be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
been first approved by the City Solicitor.

124 ORDINANCES Ord. No. 952

Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved February 13, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 952
(Council No. 2109)

An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in ac-
cordance with Article V, Section 5(b) of the City
Charter, all of the interest of the Mayor and City Coun-
cil of Baltimore in and to that parcel of land known as
38.1405 acres, more or less, situate on the south side of
Bay View Avenue, Baltimore, Maryland, said property
being no longer needed for public use.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or pri-
vate sale in accordance with Article V, Section 5(b) of
the City Charter, all of the interest of the Mayor and City
Council of Baltimore in and to that parcel of land situate
in Baltimore, Maryland, and described as follows:

All that parcel of land situate in the City of Baltimore
and State of Maryland, being designated Parcel No.
MD.BlOf 19-1 on Railroad Valuation Maps Nos. 281-8106-
0-50-2, as revised to December 31, 1963 and 281-8106-0-
51-2, as revised to December 31, 1961, said parcel being
described as follows:

Beginning for the same at a % inch pipe set on the
south side of Bay View Avenue, 80 feet wide, at a point
on the fifth or last line of the land described in the Deed
from Francis T. Homer and wife to Manor Real Estate
and Trust Company, dated November 9, 1904 and recorded
among the Land Records of Baltimore County in Liber

ORDINANCES 125

W.P.C. 279, page 472, running thence binding on the
south side of said Bay View Avenue, three courses: (1)
easterly, by a curve to the right with a radius of 596.62
feet, the distance of 32.58 feet, the chord of said arc
being North 85 degrees 29 minutes 38 seconds East, 32.57
feet to a %, inch pipe; (2) North 87 degrees 03 minutes
30 seconds East, 2,779.57 feet to a % inch pipe; and (3)
easterly, by a curve to the right with a radius of 1,597.02
feet, the distance of 122.57 feet, the chord of said arc
being North 89 degrees 15 minutes 25 seconds East, 122.54
feet to a % inch pipe set on the third line of said land,
thence binding on a part of said third line; (4) South 04
degrees 56 minutes 00 seconds West, 646.62 feet to a %
inch pipe set at the beginning of the fourth line of said
land, thence binding thereon; (5) North 89 degrees 15
minutes 40 seconds West, 3,099.67 feet to a 1% inch pipe
found at the beginning of the aforementioned fifth line,
thence binding on a part of said fifth line; (6) North
26 degrees 06 minutes 00 seconds East, 509.40 feet to the
place of beginning.

Containing 38.1405 acres, more or less.

Subject, however, to (1) any easement, encumbrance,
right or benefit that may have been created or recog-
nized in or by that certain deed from The Philadelphia,
Baltimore and Washington Railroad Company to Con-
solidated Rail Corporation designated as Document No.
PB&W-CRC-ATK-RP-4 in the certification, as amended,
of United States Railway Association to the Special Court
pursuant to Section 209(d) of the Regional Rail Reor-
ganization Act of 1973, as amended, said deed not yet
having been recorded; a»4 (2) the state of facts dis-
closed by Survey made by MCA Engineering Corp., Bal-
timore, Maryland, dated October 11, 1976 AND (3) EASE-
MENTS OF SUFFICIENT WIDTH TO COVER THE
EXISTING MUNICIPAL UTILITIES AND SERVICES
LOCATED IN AND THROUGH THE PROPERTY,
THEIR MAINTENANCE AND/OR RECONSTRUCTION
UNTIL SUCH TIME AS THE SAID UTILITIES AND/
OR SERVICES ARE NO LONGER NEEDED FOR PUB-
LIC USE.

Said property being no longer needed for public use.

126 ORDINANCES Ord. No. 953

Sec. 2. Be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall
have been first approved by the City Solicitor.

Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved February 13, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 953
(Council No. 2111)

An Ordinance supplementing Ordinance No. 842 of the
Mayor and City Council of Baltimore, to increase the
maximum aggregate principal amount of Port Facilities
Revenue Bonds (Apex Oil Company Project) authorized
to be issued under said Ordinance No. 842 from $5,000,-
000 to $7,000,000 ; to expand the description of the port
facilities authorized to be financed pursuant to said
Ordinance No. 842; and to authorize the City Council
to empower the Board of Finance to determine the
maturity or maturities, the redemption provisions, and
the sinking fund requirements, if any, for said bonds.

RECITALS

Ordinance No. 842 (the "Ordinance") of the Mayor and
City Council of Baltimore (the "City"), approved by the
Mayor on July 19, 1978, authorizes the issuance from
time to time by the City of its Port Facilities Revenue
Bonds (Apex Oil Company Project) (the "Bonds") pur-
suant to the provisions of Sections 266A to 266-1, inclu-
sive, of Article 41 of the Annotated Code of Maryland
(1978 Replacement Volume, 1978 Supplement) (the "En-
abling Legislation"). The Ordinance provides that the
proceeds of the Bonds shall be loaned to Petroleum Fuel
& Terminal Company, a Missouri corporation (the "Sub-
sidiary") and a wholly owned subsidiary of Apex Oil
Company, a Missouri corporation (the "Parent") in

ORDINANCES 127

order to finance the acquisition of two new petroleum
products storage tanks, having a total capacity of
300,000-400,000 barrels, to be installed as a part of the
Subsidiary's oil terminal port facilities located on South
Clinton Street in the City of Baltimore (the "Terminal").
The Ordinance further provides that the aggregate prin-
cipal amount of Bonds to be issued, sold, and delivered
thereunder may not exceed $5,000,000 unless such
amount is increased by an ordinance supplemental
thereto.

The City has been advised that the Subsidiary and the
Parent now find it necessary and desirable, in order to
provide for the more efficient and economical operation
of the Terminal, to increase the number and the capacity
of the new petroleum products storage tanks to be in-
stalled at the Terminal and to acquire certain land
adjacent to the existing Terminal for that purpose. The
Subsidiary and the Parent have further advised the City
that the total costs of acquiring said storage tanks and
land may exceed $5,000,000, but are not expected to ex-
ceed $7,000,000. Accordingly, the Subsidiary and the
Parent have requested that the City enact this supple-
mental ordinance in order to facilitate and expedite the
acquisition of such port facilities by the Subsidiary.

The Ordinance provides that prior to the delivery of any
series of Bonds, the City Council shall adopt a resolu-
tion or resolutions which shall prescribe, among other
things, the maturity or maturities, the redemption pro-
visions, and the sinking fund requirements, if any, for
such series of Bonds. The City finds that, in order to
allow the City greater flexibility (in relation to the time
of sale) in determining such maturity, redemption, and
sinking fund provisions, and thus to facilitate the sale
of the Bonds, it is desirable to authorize the City Council,
as an alternative procedure, to adopt a resolution or
resolutions authorizing the Board of Finance to deter-
mine the maturity or maturities, the redemption provi-
sions and the sinking fund requirements, if any, for such
series of Bonds.

The Ordinance and this supplemental ordinance authorize
a transaction which the Subsidiary and the Parent pro-

128 ORDINANCES Ord. No. 953

posed to the City by a letter of intent dated May 31,
1978, as supplemented by a supplemental letter of intent
dated November 30, 1978, in accordance with Section
266B(d) of the Enabling Legislation.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Ordinance No. 842 of the Mayor and
City Council of Baltimore, approved July 19, 1978, is
hereby supplemented as follows :

(1) The issuance, sale, and delivery of not exceeding
$7,000,000 aggregate principal amount of the Bonds pur-
suant to the Ordinance is hereby authorized, subject to the
provisions of the Ordinance. The aggregate principal
amount of Bonds issued, sold, and delivered pursuant to
the Ordinance may exceed S5, 000. 000, but shall not exceed
$7,000,000, unless such amount shall again be increased
by another ordinance supplemental thereto.

(2) The Facilities to be financed pursuant to the Ordi-
nance shall consist of not more than four new, fire-pro-
tected, petroleum products storage tanks, having a total
capacity of not more than 700,000 barrels, and related
foundations, pipes, valves, and heating and pumping equip-
ment, to be installed as a part of the Subsidiary's oil
terminal port facilities located on South Clinton Street in
the City of Baltimore, together with any land on which
one or more of such petroleum products storage tanks
shall be situated.

(3) Prior to the delivery of any series of Bonds, the
City Council shall adopt a resolution or resolutions which
shall either prescribe the maturity or maturities, the re-
demption provisions, and the sinking fund requirements,
if any, for such series of Bonds, or which, as an alternative
procedure, shall authorize the Board of Finance to deter-
mine the maturity or maturities, the redemption provi-
sions, and the sinking fund requirements, if any, for such
series of Bonds.

Sec. 2. And be it further ordained. That this ordinance
shall take effect from the date of its passage.

Approved February 13, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 129

No. 954
(Council No. 1307)

An Ordinance to add new Section 7.1-lc-2a to Article 30 of
the Baltimore City Code (1966 Edition) , title 'The Zoning
Ordinance of Baltimore City", subtitle "Industrial Dis-
tricts", as ordained by Ordinance 1051, approved April 20,
1971, adding auction rooms to the list of conditional uses
in the-M-1 District.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 7.1-lc-2a be and it is hereby
added to Article 30 of the Baltimore City Code (1966 Edi-
tion), Title "The Zoning Ordinance of Baltimore City",
Subtitle "Industrial Districts", as ordained by Ordinance
1051, approved April 20, 1971, to read as follows :

7.1-lc
2a. Auction rooms

Sec. 2. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved February 27, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 955

(Council No. 1844)

An Ordinance to repeal a portion of the authority author-
ized under Ordinance No. 680 approved February 2, 1922
entitled "An ordinance to Condemn, Open and Widen
Hart Lane, from the South side of Belle Terre Avenue to
the North side of Thirtieth Street in accordance with a
plat thereof filed in the Office of the Commissioners for
Opening Streets on the 5th day of August, 1921, and now
on file in said Office.", said portion lying between Mont-
pelier Street and Thirtieth Street as shown on said plat.

130 ORDINANCES Ord. No. 956

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the authority authorized under Ordi-
nance No. 680 approved February 2, 1922 entitled "An ordi-
nance to Condemn, Open and Widen Hart Lane, from the
South side of Belle Terre Avenue to the North side of
Thirtieth Street in accordance with a plat thereof filed in
the Office of the Commissioners for Opening Streets on the
5th day of August, 1921, and now on file in said Office." as
the same relates to the condemnation, opening and widening
of Hart Lane between Montpelier Street and Thirtieth
Street as shown on said plat be and the same is hereby
repealed.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved February 27, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 956
(Council No. 2033)

An Ordinance to add new Section 187A to Article 19 of the
Baltimore City Code (1976 Edition), title "Police Ordi-
nances", subtitle "Taxicabs", prohibiting the operation
of unlicensed taxicabs in Baltimore City and providing
penalties.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 187A be and it is hereby
added to Article 19 of the Baltimore City Code (1976 Edi-
tion), title "Police Ordinances", subtitle "Taxicabs" to
read as follows :

(a) It shall be unlawful for any person to solicit, offer
to transport or transport a passenger or passengers for
hire in Baltimore City unless said person offering to trans-
port shall be operating a vehicle duly authorized to perform
taxicab services in Baltimore City under the authority of

ORDINANCES 131

the Public Service Commission of Maryland. This Section
is intended to include as illegal the operation of a licensed
taxicab in Baltimore City from a jurisdiction other than
Baltimore City, unless such transportation is a fare or the
continuation of a fare originating in said other jurisdic-
tion. This section is intended to include as illegal any use
of a private vehicle to transport passengers for hire in per-
forming taxicab services.

(b) A police officer shall issue a summons CITATION
to any violator of this section and said charge shall be
deemed a misdemeanor and, upon conviction thereof, said
person shall be subject to a fine of not greater than $500.00
or to imprisonment for a period of not longer than six
months, or to both such fine and imprisonment in the dis-
cretion of the Court.

Sec. 2. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved February 27, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 957

(Council No. 2063)

An Ordinance providing for a supplementary general fund
appropriation in the amount of Sixty-Five Thousand
Dollars ($65,000) to the Baltimore City Health Depart-
ment to be used for a planning project in human serv-
ices reform (Baltimore Blueprint), in accordance with
the provisions of Article VI, Section 2(h)(3) of the
Baltimore City Charter (1964 Revision).

Whereas, the money appropriated herein represents
general fund surplus produced by federal reimbursement
to Baltimore City in connection with the Model Cities Pro-
gram in excess of the revenues estimated and relied upon
by the Board of Estimates in determining the tax levy

132 ORDINANCES Ord. No. 957

required to balance the budget for the 1979 fiscal year and
are therefore available for appropriation to the Baltimore
City Health Department pursuant to the provisions of
Article VI, Section 2(h) (3) of the Baltimore City Charter
(1964 Revision) ; and

Whereas, the supplementary general fund appropria-
tion ordained herein has been recommended to the City
Council by the Board of Estimates, said recommendation
having been made at a meeting of said Board held on the
15th day of November, 1978, all in accordance with Article
VI, Section 2(h) (3) of said Charter.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2 of the 1964 revision of the Charter of Baltimore
City the sum of Sixty-five Thousand Dollars ($65,000)
shall be made available to the Baltimore City Health De-
partment as a supplementary general fund appropriation
for the fiscal year ending June 30, 1979 for the purpose of
a planning project in human services reform (Baltimore
Blueprint). The amount thus made available as a supple-
mentary general fund appropriation shall be expended
from revenue derived from general fund surplus produced
by federal reimbursement to Baltimore City in connection
with the Model Cities Program, in excess of the amount
from this source which was estimated or relied upon by
the Board of Estimates in determining the tax levy re-
quired to balance the budget for the 1979 fiscal year; and
said surplus shall be the source of revenue for this supple-
mentary general fund appropriation, as required by Article
VI, Section 2 of the 1964 revised Charter of Baltimore City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved February 27, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 133

No. 958
(Council No. 2064)

An Ordinance providing for a supplementary special fund
appropriation in the amount of Four Hundred and Five
Thousand Dollars ($405,000) to the Baltimore City
Health Department to be used for a planning project
in human services reform (Baltimore Blueprint), in ac-
cordance with the provisions of Article VI, Section
2(h) (2) of the Baltimore City Charter (1964 Revision).

Whereas, the money appropriated herein represents
grants from public sources which could not be expected
with reasonable certainty at the time of the formulation
of the 1978-1979 Ordinance of Estimates ; and

Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of estimates, said recommendation having
been made at a regular meeting of said Board held on the
15th day of November, 1978, all in accordance with Article
VI, Section 2(h) (2) of the 1964 revised Charter of Balti-
more City.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Four Hundred and Five Thou-
sand Dollars ($405,000) shall be made available to the
Health Department of the City of Baltimore as a supple-
mentary special fund appropriation for the fiscal year end-
ing June 30, 1979 for the purpose of a planning project
in human services reform (Baltimore Blueprint). The
amount thus made available as a supplementary special
fund appropriation shall be expended from grants of funds
to the Mayor and City Council of Baltimore by the Federal
Department of Health, Education and Welfare ($290,000) ;
the Federal Community Services Administration ($50,-
000), and the State of Maryland ($65,000), said sums
being specifically allotted to the Mayor and City Council
of Baltimore for the aforesaid purpose; and said funds
from said Federal Department of Health, Education and
Welfare; Federal Community Services Administration and

134 ORDINANCES Ord. No. 959

State of Maryland shall be the sources of revenue for this
supplementary special fund appropriation, as required by
Article VI, Section 2(h) (2) of the 1964 revised Charter
of Baltimore City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved February 27, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 959

(Council No. 2088)

An Ordinance to repeal and reordain with amendments
Section 2 of Article 29 of the Baltimore City Code (1976
Edition, as amended), title "Water", subtitle "Director
of Public Works", requiring the Director to have every
water meter read four times a year.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 2 of Article 29 of the Baltimore
City Code (1976 Edition, as amended), title "Water", sub-
title "Director of Public Works", be and it is hereby re-
pealed and reordained with amendments to read as follows :

2. Rates and charges.

The Director of Public Works shall assess the water
rates or charges on all buildings and premises where the
rates are established by law; and shall keep suitable books
in which shall be entered all transactions of the depart-
ment, the kind of building or premises, the amount charged,
the names of the owners of all buildings or premises, with
the street and number of the building or premises, and the
front footage. The Director of Public Works shall be re-
sponsible for having every consumer's ACCESSIBLE water
meter actively read and the reading accurately recorded
four times during each calendar year. The said rates and

ORDINANCES 135

charges shall be collected by the Bureau of Collections and
accounted for as in the case of taxes and other revenues
collected by said Bureau.

Sec. 2. And be it further ordained, That this ordinance
shall take effect thirty days from date of its passage.

Approved February 27, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 960
(Council No. 2110)

An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in
accordance with Article V, Section 5(b) of the City
Charter, all of the interest of the Mayor and City
Council of Baltimore in and to that parcel of land and
improvements known as No. 2200 Erdman Avenue, Bal-
timore, Maryland, said property being no longer needed
for public use.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or
private sale in accordance with Article V, Section 5 (b) of
the City Charter, all of the interest of the Mayor and
City Council of Baltimore in and to that parcel of land
situate in Baltimore, Maryland, and described as follows:

Beginning for the same at the corner formed by the
intersection of the southeast side of Harford Road, 80
feet wide, with the northeast side of Erdman Avenue,
and running thence southeasterly binding on the north-
east side of Erdman Avenue 143 feet and 1 inch, thence
northeasterly at right angles with Erdman Avenue 175
feet to the southwest side of an alley 15 feet wide there
situate, thence northwesterly binding on the southwest
side of said alley with the use thereof in common and

136 ORDINANCES Ord. No. 961

parallel with Erdman Avenue 138 feet 3% inches to the
said southeast side of Harford Road, 80 feet wide, and
thence southwesterly binding on said southeast side of
Harford Road 175 feet and % of an inch, more or less,
to the place of beginning. The improvements thereon be-
ing known as No. 2200 Erdman Avenue.

Said property being no longer needed for public use.

Sec. 2. Be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall
have been first approved by the City Solicitor.

Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved February 27, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 961
(Council No. 2128)

An Ordinance authorizing and empowering Mayor and City
Council of Baltimore (the "City") to issue, sell and de-
liver its Industrial Development Revenue Bonds, desig-
nated ' 'Baltimore City, Maryland Industrial Development
Revenue Bonds (The Electric Motor Repair Company
Project), 1979 Series", in the aggregate principal amount
not to exceed §500,000 (the "Bonds"), pursuant to the
provisions of Sections 266A to 266-1, inclusive, of Article
41 of the Annotated Code of Maryland (1978 Replace-
ment Volume), as amended, in order to loan the proceeds
thereof (the "Loan") to The Electric Motor Repair Com-
pany, a Maryland Corporation (the "Borrower"), for
the sole and exclusive purpose of financing the acquisi-
tion by the borrower of a certain industrial building in
Baltimore City as provided in this Ordinance ; authorizing
the Mayor of the City to accept, on behalf of the City, the
borrower's letter of intent to the City dated November 16,

ORDINANCES 137

1978; making certain legislative findings, among others,
concerning the public benefit and purpose of the Bonds;
providing that the Bonds and the interest thereon shall be
limited obligations of the City, repayable by the City solely
from the revenue derived from loan repayments (both
principal and interest) made to the City on account of the
loan and from any other moneys made available to the
City for such purpose, and that neither the Bonds nor the
interest thereon shall ever constitute an indebtedness
or a charge against the general credit or taxing powers of
the City within the meaning of any constitutional or
charter provision or statutory limitation and that neither
shall ever constitute or give rise to any pecuniary liability
of the City; authorizing the private (negotiated) sale of
the Bonds; prescribing the rate or rates of interest the
Bonds are to bear, the form, tenor, terms and conditions
of and security for the Bonds and the terms and condi-
tions under which the Bonds may be called for redemption
prior to their stated maturity ; authorizing and empower-
ing the Board of Finance of the City (the "Board") , prior
to the issuance, sale and delivery of the Bonds, to adopt a
resolution pursuant to which the Board shall (1) pre-
scribe the final form, tenor, terms and conditions of and
security for the Bonds, (2) prescribe the actual amounts,
denominations, date, actual maturity or maturities (with-
in the limits herein prescribed) and the place or places
of payment of the Bonds, and the final terms and con-
ditions and details under which the Bonds may be called
for redemption prior to their stated maturity, (3) to
appoint a trustee and a paying agent or agents for the
Bonds, (4) to approve the form and contents, and to au-
thorize the execution and delivery (where applicable),
of (A) a Loan Agreement between the Borrower and the
City, (B) a Trust Agreement between the City and such
trustee, (C) a Deed of Trust from the Borrower to cer-
tain individual trustees as security for the Loan, (D)
a Guaranty Agreement between the Borrower and such
trustee, and (E) such other documents including (with-
out limitation) mortgages. Deeds of Trust, guaranties
and security instruments as the Board shall deem neces-
sary to effectuate the issuance, sale and delivery of the
Bonds, (5) to determine the time of execution, issuance,
sale and delivery of the Bonds and to prescribe any and

138 ORDINANCES Ord. No. 961

all other details of the Bonds, (6) to provide for the
direct payment by the Borrower of all costs, fees and ex-
penses incurred by or on behalf of the City in connection
with the issuance, sale and delivery of the Bonds, (7) to
provide for the issuance and sale (Subject to the passage
at the time of an appropriate Ordinance authorizing the
same) of one or more series of additional Bonds and one
or more series of refunding Bonds, and (8) to do any and
all things, and to authorize the officials of the City to do
any and all things, necessary, proper or expedient in
connection with the issuance, sale and delivery of the
Bonds; and generally providing for and determining
various matters and details in connection with the au-
thorization, issuance, security, sale and payment of the
Bonds.

RECITALS

Sections 266A to 266-1, inclusive, of Article 41, of the
Annotated Code of Maryland (1978 Replacement Vol-
ume) , as amended, (the "Act") empowers all the counties
and municipalities of the State of Maryland to issue reve-
nue bonds and to loan the proceeds of the sale of such rev-
enue bonds to an industrial concern to finance the acquisi-
tion (as defined in the Act) by such industrial concern of
any industrial building (as defined in the Act). The Act
declares it to be the legislative purpose to relieve condi-
tions of unemployment in the State of Maryland, to en-
courage the increase of industry and a balanced economy
in the State of Maryland, to assist in the retention of
existing industry in the State of Maryland through the
control, reduction or abatement of pollution of the en-
vironment (where proceeds of the bonds are used for that
purpose), to promote economic development, to protect
natural resources and in this manner to promote the
health, welfare and safety of the residents of each of the
counties and municipalities of the State of Maryland.

Mayor and City Council of Baltimore (the "City") has
received a letter of intent dated November 16, 1978 (the
"Letter of Intent") from The Electric Motor Repair
Company, a Maryland corporation and an industrial con-
cern as mentioned in the Act (the "Borrower"), pursuant
to which the Borrower has requested the City to partici-

ORDINANCES 139

pate in the financing of the acquisition by the Borrower
of an industrial building (within the meaning of the
Act) to be located in Baltimore City, Maryland (the "In-
dustrial Building"), by the issuance and sale by the City
of its Baltimore City, Maryland Industrial Development
Revenue Bonds (The Electric Motor Repair Company
Project) , 1979 Series, in the aggregate principal amount
not to exceed $500,000 (the "Bonds"), and by loaning the
proceeds of the Bonds to the Borrower upon the terms
and conditions of a loan agreement to be entered into
between the City and the Borrower (the "Loan Agree-
ment"), as permitted by the Act (such loan being herein
referred to as the "Loan") .

The Industrial Building will consist generally of (a)
certain real property and improvements located at 708
East 25th Street in Baltimore City, (b) the construction,
rehabilitation, remodeling, extension and improvement
of such real property, and (c) certain equipment neces-
sary or useful in connection with such real property.

The Loan Agreement will require the Borrower (a) to
use the proceeds of the Bonds solely to finance the ac-
quisition of the Industrial Building, and (b) to make
Loan payments which will be sufficient to enable the
City to pay the principal of and interest and premium, if
any, on the Bonds when and as the same shall become
due and payable.

As security for the Bonds, the City will enter into a
trust agreement (the "Trust Agreement") with a cor-
porate trustee (the "Trustee") to be appointed by the
Board of Finance of the City (the "Board") by a resolu-
tion (the "Resolution") to be adopted by the Board prior
to the issuance, sale and delivery of the Bonds. Pursuant
to the Trust Agreement the City will assign to the
Trustee (among other things) (a) all of the City's right,
title and interest in and to and remedies under the Loan
Agreement, including (without limitation) any and all
collateral referred to therein, excepting only the right of
the City to indemnification by the Borrower and to pay-
ments to the City for expenses incurred by the City itself,

(b) the receipts and revenues of the City from the Loan,

140 ORDINANCES Ord. No. 961

and remedies under the Deed of Trust (as defined in this
Ordinance) , (d) certain moneys which are at any time or
from time to time on deposit with the Trustee, (e) all
right, title and interest in and to and remedies with
respect to any and all other property of every description
and nature from time to time by delivery or by writing
of any kind conveyed, pledged, assigned or transferred,
as and for additional security for the Bonds, by the City
or by anyone on its behalf or with its written consent, to
the Trustee, and (f) all of the City's right, title and
interest in and to and remedies under such other docu-
ments, including (without limitation) mortgages, deeds
of trust, guaranties and security instruments as the
Board shall deem necessary to effectuate the issuance, sale
and delivery of the Bonds and which the Board shall ap-
prove by the adoption of the Resolution.

As security for the Loan, the Borrower will execute
and deliver a Deed of Trust (the "Deed of Trust") to
individual trustees to be designated by the original pur-
chasers of the Bonds, which will convey to such trustees
the Industrial Building, including the land and other im-
provements appurtenant thereto.

The Borrower will execute and deliver to the Trustee a
Guaranty Agreement (the "Guaranty"), pursuant to
which the Borrower will fully and unconditionally and
irrevocably guarantee to the Trustee for the benefit of the
holders of the Bonds (among other things) the full and
prompt payment of the principal of and interest on
the Bonds when and as the same shall become due and
payable.

As evidenced by the Letter of Intent, the Industrial
Building is to be acquired by a bona fide tenant or pur-
chaser within the meaning of the Act.

The Bonds will be sold at private (negotiated) sale.

NOW THEREFORE, IN ACCORDANCE WITH THE
ACT:

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That acting pursuant to the Act, it is hereby
found and determined as follows :

ORDINANCES 141

(1) The issuance and sale of the Bonds by the City pur-
suant to the Act in order to lend the proceeds thereof to the
Borrower for the sole and exclusive purpose of financing the
acquisition (within the meaning of the Act) by the Bor-
rower of the Industrial Building will facilitate and expedite
the acquisition of the Industrial Building by the Borrower.

(2) The acquisition of the Industrial Building by the
Borrower and the financing thereof as provided in this
Ordinance will promote the declared legislative purposes
of the Act by (a) sustaining jobs and employment, thus re-
lieving conditions of unemployment in the State of Mary-
land and in Baltimore City; (b) encouraging the increase
of industry and the creation of a balanced economy in the
State of Maryland and in Baltimore City; (c) assisting in
the retention of existing industry in the State of Maryland
and in Baltimore City; (d) promoting economic develop-
ment; and (e) promoting the health, welfare and safety of
the residents of the State of Maryland and Baltimore City.

(3) In addition to authorizing the City itself to acquire
the Industrial Building and either to lease or to sell the
same to the Borrower, the Act, as an alternative procedure,
also authorizes industrial building financing to be accom-
plished in the form of a loan by the City to the Borrower.
The loan form of transaction avoids indirect costs and bur-
dens on the City by not requiring any direct involvement by
the City in the acquisition, ownership or administration of
the Industrial Building, while permitting ample controls to
be imposed on the use of the proceeds of the Bonds to insure
that the public purposes of the Act and the Bonds are fully
accomplished. It is, therefore, in the best interests of the
citizens of the City to finance the acquisition of the Indus-
trial Building by a loan to the Borrower. This Ordinance
contemplates and authorizes a transaction in the form of
a loan of the proceeds of the Bonds by the City to the
Borrower, rather than a transaction in the form of a lease
or sale of the Industrial Building. Accordingly, this Ordi-
nance, together with the Resolution, the Trust Agreement
and the Loan Agreement authorized hereby, and the other
documents referred to herein, contains, or shall contain,
such provisions as the City deems appropriate to effect the
financing of the acquisition by the Borrower of the Indus-
trial Building by the loan form of transaction.

142 ORDINANCES Ord. No. 961

(4) Neither the Bonds nor the interest thereon shall ever
constitute an indebtedness or general obligation of the
City or a charge against, or pledge of the general credit
or taxing powers of the City, within the meaning of any
constitutional or charter provision or statutory limitation,
and neither shall ever constitute or give rise to any pecuni-
ary liability of the City. The Bonds and the interest thereon
shall be limited obligations of the City, repayable by the
City solely from the revenue derived from Loan repayments
(both principal and interest) made to the City by the Bor-
rower on account of the Loan and from any other moneys
made available to the City for such purpose. The proceeds
of the Bonds and the payments to be made by the Borrower
pursuant to the Loan Agreement will be paid directly to the
Trustee to be held and disbursed by the Trustee as provided
in the Trust Agreement to be approved by the Board in the
Resolution. No such moneys will be commingled with the
City's funds or will be subject to the absolute control of the
City, but will be subject only to such limited supervision
and checks as are deemed necessary or desirable by the
City to insure that the proceeds of the Bonds are used to
accomplish the public purposes of the Act and this Ordi-
nance. The transactions authorized hereby do not constitute
any physical public betterment or improvement or the ac-
quisition of property for public use or the purchase of
equipment for public use. The public purposes expressed in
the Act are to be achieved by facilitating the acquisition of
the Industrial Building by the Borrower.

ORDINANCES 143

Agreement, (b) moneys realized from the liquidation of the
lien and security interest created by the Deed of Trust and
the Loan Agreement and of any other lien or security in-
terest created with respect to any property as security for
the Loan or the Bonds as the Board may provide for and
approve in the Resolution, and (c) moneys realized from
the Guaranty and from any other guaranty of the Bonds
or of the Loan as the Board may provide for and approve in
the Resolution.

(6) None of the revenues derived by the City from the
Loan Agreement shall be set aside as a depreciation account
(mentioned in the Act). Such depreciation account would
(a) be inconsistent with the transaction authorized hereby,
and (b) place an unreasonable burden on the Borrower so
as to adversely affect the feasibility of the transaction and
thus frustrate the legislative purposes of the Act. The
Borrower shall covenant and agree in the Loan Agreement
to properly operate and maintain the Industrial Building
during the time any of the Bonds are outstanding. Such
covenant and agreement shall include a specific undertaking
by the Borrower to make all equipment replacements and
repairs necessary to insure that the security for the Bonds
shall not be impaired.

(7) The best interests of the City will be served by sell-
ing the Bonds at private (negotiated) sale, as authorized by
the Act, upon terms and conditions approved by the Board
in the Resolution.

(8) As evidenced by the Letter of Intent, the Industrial
Building is to be acquired by a bona fide tenant or pur-
chaser within the meaning of the Act.

Sec. 2. And be it further ordained, That the City is
hereby authorized and empowered to issue, sell and de-
liver its Baltimore City, Maryland Industrial Development
Revenue Bonds (The Electric Motor Repair Company
Project), 1979 Series, in the aggregate principal amount
not to exceed $500,000, subject to the provisions of this
Ordinance. The proceeds of the Bonds will be loaned to
the Borrower pursuant to the terms and provisions of the
Loan Agreement, to be used by the Borrower for the sole
and exclusive purpose of financing the acquisition of the
Industrial Building. The Bonds and the interest thereon

144 ORDINANCES Ord. No. 961

shall be limited obligations of the City, repayable by the
City solely from the revenue derived from Loan repay-
ments (both principal and interest) made to the City by
the Borrower pursuant to the Loan Agreement from any
other moneys made available to the City for such purpose.
The security for the Bonds shall be solely and exclusively
as provided in Section 1 of this Ordinance.

Sec. 3. And be it further ordained, That each of the
Bonds shall bear the descriptive title "Baltimore City,
Maryland Industrial Development Revenue Bond (The
Electric Motor Repair Company Project), 1979 Series."
The Bonds shall bear interest from the date of delivery
at the rate of Eight per centum (8%) per annum; pro-
vided, however, that during any period in which the in-
terest payable on the Bonds is for any reason includible
in the gross income (as defined in Section 61 of the In-
ternal Revenue Code of 1954, as amended) of the holder
of any of the Bonds, the rate of interest payable on the
Bonds shall be fifteen per centum (15%) per annum.
Interest on the Bonds shall be payable semi-annually on
dates to be prescribed by the Board in the Resolution and
shall be calculated on the basis of a 360-day year factor
applied to actual days elapsed. The principal of the Bonds
shall be payable in semi-annual installments on dates and
in amounts to be prescribed by the Board in the Resolution.

Sec. 4. And be it further ordained, That the definitive
Bonds, which may be engraved, printed or typewritten,
including the Trustee's Certificate of Authentication to be
endorsed thereon, shall be substantially in the following
form with such appropriate variations, omissions and in-
sertions as the Board may approve in the Resolution.

FORM OF BOND
No. R79- - $

UNITED STATES OF AMERICA

STATE OF MARYLAND

BALTIMORE CITY, MARYLAND

INDUSTRIAL DEVELOPMENT REVENUE BOND

(THE ELECTRIC MOTOR REPAIR

COMPANY PROJECT)

1979 SERIES

ORDINANCES 145

FOR VALUE RECEIVED, MAYOR AND CITY COUN-
CIL OF BALTIMORE, a body politic and corporate and
a political subdivision of the State of Maryland (the
"Issuer"), hereby promises to pay (but only out of the
"Receipts and Revenues of the Issuer from the Loan" as

hereinafter defined ) to _ _

or its successor or registered assignee or legal represen-
tative, the principal sum of _ DOLLARS,

payable Jn installments and in the manner hereinafter set
forth, and to pay interest on the unpaid principal amount

hereof from , 197 , until paid in full (or,

if this bond, or any portion hereof, shall have been duly
called for early redemption and payment of the redemp-
tion price shall have been made or provided for, until the
date fixed for such early redemption) at the rate of 8%
per annum (calculated on the basis of a 360-day year
factor applied to actual days elapsed) payable at the times
and in the manner hereinafter set forth; provided, how-
ever, that during any period in which the interest payable
hereon is for any reason includible in the gross income
(as defined in Section 61 of the Internal Revenue Code of
1954, as amended) of the holder hereof, the rate of interest
payable on the unpaid principal amount hereof shall be
at the rate of 15% per annum (calculated on the basis of
a 360-day year factor applied to actual days elapsed.)

The principal hereof and interest hereon shall be paid
in lawful money of the United States of America at the
time of payment as follows:

(a) the principal sum shall be payable in semi-annual
installments as set forth in Schedule A attached hereto
and made a part hereof, by check or draft mailed by

(the "Trustee"), to the registered

owner hereof at its address as it appears on the bond
registration books of the Issuer without the necessity of
surrendering or presenting this bond, and all such pay-
ments shall fully discharge the obligation of the Issuer
herein to the extent of the payments so made;

(b) interest on the outstanding principal balance shall

be payable on _ _ and _ _

of each year, commencing on , and

thereafter until paid in full (or until the date fixed for

146 ORDINANCES Ord. No. 961

early redemption as referred to above), by check or draft
mailed by the Trustee to the registered owner hereof at its
address as it appears on the bond registration books of
the Issuer without the necessity of surrendering or pre-
senting this bond, and all such payments shall fully dis-
charge the obligation of the Issuer herein to the extent
of the payments so made ; and

(c) the entire unpaid principal amount hereof and all
accrued and unpaid interest hereon shall be due and pay-
able on _ , if not paid earlier.

This bond is one of a duly authorized issue of industrial
development revenue bonds of the Issuer, aggregating

($ -.- ) in principal

amount, dated as of , designated as

"Baltimore City, Maryland Industrial Development Reve-
nue Bonds (The Electric Motor Repair Company Project)
1979 Series" (the "1979 Series Bonds"), and issued under
and pursuant to the Constitution and the laws of the State
of Maryland, particularly Sections 266A to 266-1, inclu-
sive, of Article 41 of the Annotated Code of Maryland
(1978 Replacement Volume), as amended (the "Act"), and

under and pursuant to Ordinance No „ of the Issuer,

approved by the Mayor of the Issuer on

(the "Ordinance"), and by a resolution adopted by the

Board of Finance of the Issuer on (the

"Resolution"), for the purpose of financing the acquisition
of a certain industrial building to be located in the City of
Baltimore (the "Industrial Building") by The Electric
Motor Repair Company, a Maryland corporation (the
"Borrower").

The proceeds of the 1979 Series Bonds are being loaned
to the Borrower by the Issuer under a Loan Agreement

dated as of „ _ _ , between the Borrower

and the Issuer (the "Loan Agreement").

The 1979 Series Bonds are issued under a Trust Agree-
ment dated „ — between the Issuer and the

Trustee (the "Trust Agreement"), and, to the extent pro-
vided therein, are, together with all other bonds that may
be issued thereunder, equally and ratably secured and
entitled to the protection given by the Trust Agreement.

ORDINANCES 147

Pursuant to the Trust Agreement the Issuer has assigned
to the Trustee (among other things) the "Receipts and
Revenues of the Issuer from the Loan", which term is used
herein as denned in the Trust Agreement and which as
therein defined includes all the payments payable to the
Issuer pursuant to the Loan Agreement and all other reve-
nues of the Issuer attributable to the financing of the
Industrial Building (excepting only the rights of the Issuer
to indemnification by the Borrower and to payments to the
Issuer for expenses incurred by the Issuer itself).

Pursuant to the Loan Agreement, payments sufficient
for the prompt payment when due of the principal of,
premium, if any, and interest on the 1979 Series Bonds
are to be paid to the Trustee for the account of the Issuer
and deposited in a special account created by the Issuer
and designated "1979 Baltimore City, Maryland, Industrial
Development Revenue Bond Fund — The Electric Motor
Repair Company Project" (the "Bond Fund") and have
been assigned for that purpose. The obligations of the
Borrower under the Loan Agreement are secured by a

Deed of Trust dated _ conveying the

Industrial Building to trustees named therein. The payment
of the principal of and premium, if any, and interest on
the 1979 Series Bonds is fully and unconditionally and
irrevocably guaranteed pursuant to a Guaranty Agreement
executed by the Borrower and delivered to the Trustee.

As more fully provided in the Trust Agreement, the
1979 Series Bonds do not constitute an indebtedness or
obligation to which the faith and credit of the Issuer are
pledged but are limited obligations of the Issuer, which
is obligated to pay the principal of and interest on the
1979 Series Bonds only out of the Receipts and Revenues
of the Issuer from the Loan. The 1979 Series Bonds may
also be paid out of any other moneys made available to the
Issuer or the Trustee for the payment thereof. By the
terms of the Act, the principal of and interest on this
bond, do not, and shall not ever, constitute an indebtedness
or charge against the general credit or taxing powers of
the Issuer within the meaning of any constitutional or
charter provision or statutory limitation and shall not con-
stitute or give rise to any pecuniary liability of the Issuer.

148 ORDINANCES Ord. No. 961

Reference is hereby made to the Trust Agreement for a
full and complete statement of the provisions with respect
to the custody and application of the proceeds of the 1979
Series Bonds, the collection and disposition of the Receipts
and Revenues of the Issuer from the Loan assigned as
security for the payment of the 1979 Series Bonds and the
interest thereon, the nature and extent of the security and
the rights of the holders of the 1979 Series Bonds, the
terms and conditions on which, and the purposes for
which, the 1979 Series Bonds are issued and the rights,
duties and obligations of the Issuer and the Trustee there-
under, to all of which the holder hereof, by acceptance of
this bond, assents.

As provided in the Trust Agreement, bonds of other
series ranking on a parity with the 1979 Series Bonds may
be issued, and such additional bonds may vary in such
manner as is provided and permitted in the Trust
Agreement.

The 1979 Series Bonds are issuable in the form of fully
registered installment bonds without coupons in the de-
nomination of $ _ _ each or integral multiples

thereof each bearing an attached schedule indicating the
amount of each installment and the date on which the same
is due and payable.

In the manner and with the effect provided in the Trust
Agreement, the 1979 Series Bonds will be subject to re-
demption prior to maturity, as follows:

(a) The 1979 Series Bonds may be redeemed, at the
option of the Issuer, prior to maturity, on any interest
payment date, either as a whole at any time or in part
from time to time in multiples of $ _ _ , at a re-
demption price equal to the principal amount thereof to
be redeemed, together with unpaid interest accrued to the
date fixed for redemption, without payment of premium
or penalty, by application of moneys available for that
purpose, other than moneys to be applied as provided in
(b) below; provided, that any partial redemption shall be
made pro rata in accordance with the aggregate principal
amount of 1979 Series Bonds at the time outstanding held
by each holder and shall be applied to the principal to be

ORDINANCES 149

redeemed under each of the 1979 Series Bonds in the in-
verse order of the installment payment dates.

(b) The 1979 Series Bonds shall be redeemed, as a
whole but not in part, at a redemption price equal to the
principal amount thereof, together with unpaid interest
accrued to the date fixed for redemption, upon the Bor-
rower's exercise of its option to terminate the Loan Agree-
ment pursuant to the provisions of Article thereof,

which provisions permit such termination in the event that
(1) the Industrial Building shall have been damaged or
destroyed; (ii) title to or temporary use of the Industrial
Building shall have been taken under the exercise of the
power of eminent domain; (iii) as a result of federal,
state or local constitutional, legislative, administrative or
judicial action the Loan Agreement shall become void, un-
enforceable, or impossible of performance; or (iv) the
Borrower's use and occupancy of the Industrial Building
or any part thereof shall have become legally curtailed.

If less than all the 1979 Series Bonds at the time out-
standing shall be called for redemption, the portions of the
1979 Series Bonds to be redeemed shall be selected by the
Trustee on a proportional basis as provided in the Trust
Agreement. Any such redemption, either in whole or in
part, shall be made upon at least 30 days' prior notice
in the manner and upon the terms and conditions provided
in the Trust Agreement. If this bond or any portion hereof
shall have been duly called for redemption, and payment
of the redemption price, together with unpaid interest
accrued to the date fixed for redemption, shall have been
made or provided for, all as more fully set forth in the
Trust Agreement, interest on this bond or such portion
hereof shall cease to accrue from the date fixed for re-
demption, and from and after such date this bond or the
portion hereof duly called for redemption shall no longer
be entitled to any benefit or security under the Trust
Agreement, and the registered owner hereof shall have no
rights in respect of this bond or such portion hereof so
called for redemption except to receive payment of such
redemption price and unpaid interest accrued to the date
fixed for redemption. If a portion of this bond shall be
called for redemption, a new bond in principal amount

150 ORDINANCES Ord. No. 961

equal to the unredeemed portion hereof will be issued to
the registered owner upon the surrender hereof.

If at the time of a call for prior redemption, bonds
of other series ranking on a parity with the 1979 Series
Bonds should be outstanding and included in the call for
prior redemption, moneys in the Bond Fund shall be ap-
plied to the retirement of the bonds of each series then
outstanding under the Trust Agreement in proportion (as
nearly as practicable) to the aggregate principal amount
of bonds of each such series issued under the Trust Agree-
ment and then outstanding.

In certain events, on the conditions, in the manner and
with the effect set forth in the Trust Agreement, the
principal of all the 1979 Series Bonds then outstanding
under the Trust Agreement may become or may be de-
clared due and payable before the stated maturities there-
of, together with the interest accrued thereon.

The holder of this bond shall have no right to enforce
the provisions of the Trust Agreement, or to institute
action to enforce the covenants therein, or to take any
action with respect to any default under the Trust Agree-
ment, or to institute, appear in or defend any suit or other
proceeding with respect thereto, except as provided in the
Trust Agreement.

This bond shall be registered on the books of the Issuer
to be kept for that purpose by the Director of Finance of
the Issuer. This bond shall be transferable only upon such
books by the registered owner or by its duly authorized
officer or attorney. This bond, upon surrender hereof at the
office of the Director of Finance of the Issuer with a writ-
ten instrument of transfer satisfactory to the Director of
Finance, duly executed by the registered owner hereof or
his duly authorized attorney, may, at the option of the
registered owner, be exchanged for an equal aggregate
principal amount of 1979 Series Bonds of authorized de-
nominations. Such transfers or exchanges shall be without
charge to the registered owner hereof, but any taxes or
other governmental charges required to be paid with re-
spect to the same shall be paid by the registered owner
requesting such transfer or exchange as a condition prece-
dent to the exercise of such privilege.

ORDINANCES 151

The Issuer and the Trustee may deem and treat the
person in whose name this bond is registered as the abso-
lute owner hereof for all purposes; and neither the Issuer
nor the Trustee shall be affected by any notice to the
contrary.

All acts, conditions and things required by the Constitu-
tion and statutes of the State of Maryland, the Ordinance,
the Resolution and the Trust Agreement to exist, to have
happened and to have been performed precedent to and in
the issuance of this bond, do exist, have happened and have
been performed.

No covenant or agreement contained in this bond or the
Trust Agreement shall be deemed to be a covenant or
agreement of any officer, agent or employee of the Issuer
in his or her individual capacity, and neither the members
of the City Council of Baltimore nor any official executing
this bond shall be liable personally on this bond or be sub-
ject to any personal liability or accountability by reason
of the issuance of this bond.

This bond shall not be entitled to any benefit under the
Trust Agreement, or be valid or become obligatory for any
purpose, until this bond shall have been authenticated by
the execution by the Trustee, or its successor as Trustee,
of the Certificate of Authentication inscribed hereon.

IN WITNESS WHEREOF, Mayor and City Council of
Baltimore, has caused this bond to be executed in its name
and on its behalf by its Mayor by his manual or facsimile
signature, and by its Director of Finance, by his manual
or facsimile signature, and has caused its corporate seal
or a facsimile thereof to be impressed or otherwise repro-
duced hereon, and attested by its Custodian of the Seal,

by his manual signature, all as of the day of

- - , 19 -

MAYOR AND CITY COUNCIL

OF BALTIMORE

[SEAL] By _

Mayor

ATTEST:

- By _ _ _

Custodian of the Seal Director of Finance

152 ORDINANCES Ord. No. 961

(FORM OF TRUSTEE'S CERTIFICATE OF

AUTHENTICATION TO BE ENDORSED ON

ALL BONDS)

This Bond is one of the Bonds of the 1979 Series Bonds
described in the within mentioned Trust Agreement.

as Trustee

By - - -

Authorized Signature

SCHEDULE A

No. R79- _ $

Baltimore City, Maryland

Industrial Development Revenue Bond

(The Electric Motor Repair Company Project)

1979 Series

Date Principal Installment

ORDINANCES 153

documents, such signature of such facsimile shall never-
theless be valid and sufficient for all purposes, the same
as if such officer had remained in office until delivery. The
Mayor of the City, the Director of Finance of the City, the
Custodian of the Seal of the City and other officials of the
City are hereby authorized and empowered to do all such
acts and things and execute such documents and certifi-
cates as the Board may determine in the Resolution to be
necessary to carry out and comply with the provisions
hereof.

Sec. 6. And be it further ordained, That the Bonds shall
be executed, issued and delivered at any time or from time
to time and in such amount or amounts not exceeding, in
the aggregate, the principal amount of $500,000, as the
Board shall prescribe in the Resolution.

Sec. 7. And be it further ordained, That the Bonds shall
be dated, shall be in such denominations, may be of such
tenor (not inconsistent with the form of the Bonds set
forth in Section 4 of this Ordinance), may be payable in
such amounts at such times not exceeding 16 years from
the date thereof and at such place or places as the Board
shall prescribe in the Resolution.

Sec. 8. And be it further ordained, That the Bonds will
be subject to redemption prior to maturity upon the terms
and conditions contained in the form of the Bonds set forth
in Section 4 of this Ordinance.

Sec. 9. And be it further ordained, That prior to the
issuance, sale and delivery of the Bonds the Board shall
adopt the Resolution pursuant to which the Board shall:

(a) prescribe the final form, tenor, terms and condi-
tions of and security for the Bonds ;

(b) prescribe the actual amounts, denominations, date,
actual maturity or maturities (within the limits herein
prescribed), and the place or places of payment of the
Bonds, and the final terms and conditions and details under
which the Bonds may be called for redemption prior to
their stated maturity;

154 ORDINANCES Ord. No. 961

(c) appoint a bank having trust powers, or a trust
company, as Trustee for the Bonds and appoint a paying
agent or agents for the Bonds, which may be the Trustee;

(d) approve the form and contents, and authorize the
execution and delivery (where applicable) of (i) the Loan
Agreement, (ii) the Trust Agreement, (iii) the Deed of
Trust, (iv) the Guaranty, and (v) such other documents,
including (without limitation) mortgages, deeds of trust,
guaranties and security instruments as the Board shall
deem necessary to effectuate the issuance, sale and delivery
of the Bonds;

(e) determine the time of execution, issuance, sale and
delivery of the Bonds and prescribe any and all other
details of the Bonds;

(f) provide for the direct payment by the Borrower of
all costs, fees and expenses incurred by or on behalf of
the City in connection with the issuance, sale and delivery
of the Bonds, including (without limitation) costs of print-
ing (if any) and issuing the Bonds, legal expenses (includ-
ing the fees of Bond Counsel) and compensation to any
person (other than full time employees of the City) per-
forming services by or on behalf of the City in connection
therewith ;

(g) provide for the issuance and sale (subject to the
passage at the time of an appropriate ordinance authoriz-
ing the same) of one or more series of additional bonds
and one or more series of refunding bonds ; and

(h) do any and all things, and authorize the officials
of the City to do any and all things, necessary, proper or
expedient in connection with the issuance, sale and delivery
of the Bonds.

Sec. 10. And be it further ordained, That the Loan Agree-
ment shall contain such terms, provisions and conditions as
the Board shall prescribe in the Resolution, which may in-
clude (without limitation) :

(a) provisions for the making of the Loan by the City
to the Borrower and provisions for the repayment by
the Borrower of the principal of and interest on the Loan ;

ORDINANCES 155

(b) a description of the security for the Loan ;

(c) such representations, warranties, findings and af-
firmative and negative covenants as the Board may deter-
mine to be necessary, proper or expedient in connection
with the issuance, sale and delivery of the Bonds ;

(d) provisions for the issuance of the Bonds, the com-
mencement and completion of the Industrial Building, and
the application and disbursement of the proceeds of the
Bonds; -

(e) provisions regarding the duration of the term of
the Loan, ownership and possession of the Industrial Build-
ing and the amounts payable by the Borrower ;

(f ) provisions regarding damage to and condemnation of
the Industrial Building or any part thereof and the appli-
cation of the net proceeds of any insurance claim or con-
demnation award;

(g) provisions for the appointment of an authorized
City representative and an authorized Borrower representa-
tive;

(h) covenants with respect to the use, maintenance,
modification, operation and transfer of, and access to, the
Industrial Building and with respect to the use of the pro-
ceeds of the Bonds ;

(i) provisions regarding the assignment of the Loan
Agreement ;

( j ) provisions regarding the prepayment of the Loan by
the Borrower;

(k) provisions regarding the remedies of the Trustee
(as assignee of the City) in the event of default ;

(1) provisions for the issuance and sale (subject to the
passage at the time of an appropriate ordinance authorizing
the same) of one or more series of additional bonds and one
or more series of refunding bonds ; and

(m) such other terms, provisions and conditions as the
Board may determine to be necessary, proper or expedient
in connection with the issuance, sale and delivery of the
Bonds.

156 ORDINANCES Ord. No. 961

Sec. 11. And be it further ordavned, That the Trust
Agreement shall contain such terms, provisions and con-
ditions as the Board shall prescribe in the Resolution for
the protection and enforcement of the rights and remedies
of the holders of the Bonds, which may include (without
limitation) :

(a) a description of the Bonds and the form of the Bonds
and the Trustee's authentication certificate ;

(b) the manner of execution, authentication, registration
and transfer of the Bonds ;

(d) the terms and conditions under which the Bonds
may be redeemed prior to their stated maturity and the
details of the procedure for the redemption of the Bonds;

(e) provisions of the custody and application of and
security for the proceeds of the Bonds and the investment
of such proceeds;

(f) provisions for the custody and application of and
security for the revenue derived from the Loan repayments
made by the Borrower and the investment of such revenue ;

(g) the remedies of the holders of the Bonds in the event
of default;

(h) the duties, rights and immunities of the Trustee ;

(i) the manner of execution of instruments by the holders
of the Bonds and the method of proof of ownership of the
Bonds ;

(j) provisions for the modification of the Trust Agree-
ment and the Loan Agreement ;

(k) provisions for the issuance and sale (subject to the
passage at the time of an appropriate ordinance authoriz-
ing the same) of one or more series of additional bonds
and one or more series of refunding bonds ;

(1) provisions for the defeasance of the Trust Agree-
ment; and

ORDINANCES 157

(m) such other terms, provisions and conditions as the
Board may determine to be necessary, appropriate or ex-
pedient in connection with the issuance, sale and delivery of
the Bonds.

Sec. 12. And be it further ordamed, That, as authorized
by the Act, the Bonds shall be sold at private (negotiated)
sale upon such terms and conditions as shall be approved by
the Board in the Resolution.

Sec. 13. And be it further ordained, That the provisions
of this Ordinance are severable, and if any provision,
sentence, clause, section or part hereof is held illegal, in-
valid or unconstitutional or inapplicable to any person or
circumstances, such illegality, invalidity or unconstitution-
ality, or inapplicability shall not affect or impair any of the
remaining provisions, sentences, clauses, sections, or parts
of this Ordinance or their application to other persons or
circumstances. It is hereby declared to be the legislative
intent that this Ordinance would have been passed if such
illegal, invalid or unconstitutional provision, sentence,
clause, section or part had not been included herein, and
if the person or circumstances to which this Ordinance
or any part hereof are inapplicable had been specifically
exempted herefrom.

Sec. 14. And be it further ordained, That this Ordinance
shall take effect from the date of its passage.

Approved March 1, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 962
(Council No. 2086)

An Ordinance to comply with the provisions of Paragraph
1400(d), Section 140, Chapter 14 of Article 32 of the
Baltimore City Code (1976 Edition), title "The Building
Code of Baltimore City", and to authorize an application

158 ORDINANCES Ord. No. 963

for a permit to construct an off-street parking garage on
the property bounded by Druid Park Drive, Towanda
Avenue, Wahaton Avenue, and Lots 14, 15, and 34 within
300 feet of School No. 18 and Provident Hospital.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That in compliance with the provisions of
Paragraph 1400(d), Section 140, Chapter 14 of Article 32
of the Baltimore City Code (1976 Edition), title "The
Building Code of Baltimore City" the assent of the Mayor
and City Council of Baltimore be and the same is hereby
given to Chesapeake and Potomac Telephone Company to
make application for a permit to construct an off-street
parking garage on the property bounded by Druid Park
Drive, Towanda Avenue, Wahaton Avenue, and Lots 14,
15, and 34, within 300 feet of School No. 18 and Provident
Hospital. Except as in this ordinance specifically provided,
all ordinances and all rules and regulations of the Mayor
and City Council of Baltimore shall be complied with in
the construction, erection and maintenance of said garage.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved March 1, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 963
(Council No. 1860)

An Ordinance to add new Sections 170 through 181, inclu-
sive, to Article 1 of the Baltimore City Code (1976 Edi-
tion a»4 43W Supplement , AS AMENDED), title
"Mayor, City Council, Municipal Agencies," to follow
after Section 160 thereof and to be under new subtitle
"Disqualification from City Contracts" providing for the
disqualification of persons convicted of certain crimes
from entering into certain governmental contracts; sub-
jecting a person to possible disqualification under cer-

ORDINANCES 159

tain circumstances; disqualifying certain business enti-
ties from entering into such contracts under certain
circumstances; providing for notice; providing proce-
dures for hearings; providing conditions for reinstating
contracting rights with the City; requiring certain re-
ports by the City Solicitor and Court Clerks THE
BOARD OF ESTIMATES ; providing for the filing of an
affidavit containing certain information; prohibiting the
City from awarding contracts to certain persons or busi-
ness entities; providing that certain records be kept by
the Board of Estimates and be available to the public;
defining certain items and generally relating to the dis-
qualification of certain persons convicted of certain
crimes from doing business with the City.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Sections 170 through 181, inclu-
sive, be and they are hereby added to Article 1 of the
Baltimore City Code (1976 Edition a»4 1077 Supplement ,
AS AMENDED), title, "Mayor, City Council, Municipal
Agencies/' to follow after Section 160 thereof, and to be
under new subtitle, "Disqualification from City Contracts,"
and to read as follows :

170.

(a) In this subtitle, unless the context clearly requires
otherwise, the following words have the meanings indicated.

(b) "Board" means Board 'of Estimates.

(c) "Business Entity" means any corporation, partner-
ship, firm, association, joint venture, individual trading as
himself or as a business, or person.

(d) "City" means Baltimore City or any of its agencies
or units.

(e) "Conviction" means a judgment of guilty or an
accepted plea of nolo contendere.

(f) "Person" means an individual, receiver, trustee,
guardian, executor, administrator, fiduciary, or represen-
tative of any kind, and any partnership, firm, association,
public or private corporation or other entity.

160 ORDINANCES Ord. No. 963

171.

Arvy person convicted under tho provisions of Article 32-
of tho Annotated Code of Maryland of bribery , false pro-
tenses, or- fraud) attempted bribery , false pretenses^ op
fraud, or conspiracy to bribe* to obtain any chattel) money
or- security by- false pretenses* or to defraud based upon
aots committed ANY PERSON CONVICTED UNDER
THE PROVISIONS OF ARTICLE 27 OF THE ANNO-
TATED CODE OF MARYLAND OF FALSE PRE-
TENSES, ATTEMPTED FALSE PRETENSES, OR CON-
SPIRACY TO COMMIT FALSE PRETENSES BASED
UPON ACTS COMMITTED AFTER JULY 1, 1979 in fur-
therance of obtaining a contract with the City, shall be dis-
qualified from entering into a contract with the City for the
supply of goods or services by the person.

172.

A person not disqualified under the provisions of Sec-
tion 171 who:

(1) has been convicted of committing a crime described
in Section 171 in furtherance of obtaining or of performing
a contract with the City, or

(2) has admitted in writvng or under oath during the
course of an official investigation or other proceeding
to committing a crime described in Section 171 in further-
ance of obtaining or performing a contract with the City,
or

(3) has been convicted under the laws of another state
or the federal government of committing a crime the same
as the crimes described in Section 171 in furtherance of
obtaining or of performing a contract with another CITY,
state or the federal government OR OTHER GOVERN-
MENTAL BODY.

shall be subject to disqualification under this subtitle from
entering into a contract with the City for the supply of
goods or services. HOWEVER, A PERSON IS SUBJECT
TO DISQUALIFICATION ONLY FOR THOSE ACTS OR
OMISSIONS COMMITTED AFTER JULY 1, 1979 WHICH
RESULT IN A CONVICTION OF FALSE PRETENSES,
ATTEMPTED FALSE PRETENSES, OR CONSPIRACY
TO COMMIT FALSE PRETENSES.

ORDINANCES 161

178.

Upon notification that a person subject to disqualifica-
tion under Section 172 has submitted a bid or otherwise
applied for a contract ivith the City to provide goods or
services, the Board or any other city agency involved shall
notify that person in writing of his- THE possible disquali-
fication and of his THE right to a hearing AND THAT
THE RIGHT TO A HEARING IS WAIVED UNLESS
THE SAME IS REQUESTED IN WRITING WITHIN 30
DAYS. A person receiving the notice shall be considered
to have waived his THE right to a hearing and shall be
considered disqualified unless, within 30 days of receipt of
the notice, he THE PERSON submits to the Board a writ-
ten request for a hearing.

17U.

(a) Within 90 days after receipt of a request for a
hearing from a person notified pursuant to Section 173 or
from any person who believes he may be subject to dis-
qualification, the Board shall conduct a hearing and the
Board shall determine whether the person should be dis-
qualified. The time for hearing and determination may be
extended by the Board for good cause shown.

(b) In making its determination the Board shall con-
sider (1) all of the facts and circumstances surrounding
the acts rendering the peerson PERSON subject to disqual-
ification including, but not limited to, the nature of the acts
involved, whether and to what extent he THE PERSON
subsequently cooperated with the appropriate authorities
in their investigation of the matter, the conditions under
which he THE PERSON cooperated, and the time when the
acts occurred, and (2) the conduct of the person since the
acts were performed, and conclude whether or not the in-
tegrity of the contracting process and the best interests of
the eii yivould CITY WOULD be served by disqualifying
the person from entering into contracts with the ei£y CITY.

(c) Upon making its determination, the Board shall
notify the person subject to disqualification in writing
either that (1) he is disqualified or (2) he is no longer
subject to disqualification for the acts ivhich were the
subject of the hearing and determination.

162 ORDINANCES Ord. No. 963

175.

(a) Any person disqualified under the provisions of
this subtitle may, after a period of five years from the date
of his disqualification, petition MAKE WRITTEN PETI-
TION ¥Q the Board IN WRITING for removal of his
THE disqualification.

(b) Within 90 days after receipt of the petition, the
Board shall conduct a hearing and the Board shall deter-
mine whether the person 's PERSON'S disqualification
should be removed.

(c)

(1) The time for hearing and determination may be
extended by the Board for good cause shown.

(2) In making its determination, the Board shall con-
sider the factors set forth in Section 17 U and conclude
whether or not the integrity of the contracting process and
the best interests of the eiiy CITY would be served by con-
tinuing the person's disqualification.

(d) Upon UPON making its determination, the Board
shall notify the petitioner in writing either that

(1) his THE disqualification has been removed or

(2) ids THE disqualification has been continued.

176.

If the conviction forming the basis for disqualification
of any person under Section 171 or 172 is reversed or other-
wise rendered void, that person's disqualification shall au-
tomatically terminate.

177.

The City Solicitor shall conduct an investigation of the
matters to be determined by the Board in any hearing
under this subtitle and shall present to the Board, as a
party to the proceedings, evidence he THE SOLICITOR
considers appropriate. Hearin gs under this subtitle shvJl be
conducted in accordance with Article 4h subtitle 24j of the
Annotated Code of Maryland* the Administrative Proce -

ORDINANCES 163

dues Aet, mid any party aggrieved by a decision of the
Board is entitled to judicial review,

178.

Every business entity upon submitting a bid or other-
wise applying for a contract with the eity CITY for the
supply of goods or services by the business entity shall sub-
mit an affidavit stating, to its best knowledge, whether it or
(1) any* of OR OF its officers, directors or partners, mem-
bers of OR associates, or (2) any of its employees directly
involved in obtaining contracts with the eity CITY has
been convicted of the crimes described in Section 171 under
the laws of any state or federal government.

179.

(a) Any business entity of which the person disquali-
fied under Sections 171 or 17 % is (1) an officer, director, or
partner, or (2) an employee directly involved in the process
of obtaining contracts with the city CITY, is disqualified
from entering into a contract with the eity CITY for the
supply of goods or services and the Board shall notify the
business entity in writing.

(b) A business entity disqualified under this section
shall remain disqualified so long as th&t person THE PER-
SON REFERRED TO BY SUBSECTION (A) remains with
the business entity in e-ny capacity IN ANY OF THE CA-
PACITIES REFERRED TO IN SUBSECTION (A).

180.

The eity CITY shall not knowingly award or enter into
any contract whereby goods or services will be supplied
directly or indirectly to the eity CITY by a person or
business entity disqualified under this subtitle.

181.

(a) ¥he clerk of the Criminal Court of Baltimore Qity
shaU send to the Bernd THE BOARD OF ESTIMATES
SHALL OBTAIN FROM THE CLERK OF THE CRIMI-
NAL COURT OF BALTIMORE CITY a certified copy of
each judgment of conviction of a crime described in Sec-

164 ORDINANCES Ord. No. 964

tions 171 or 172 and of each docket entry reflecting the ac-
ceptance of a plea of nolo contendere to such crime.

(b) Tho prosecuting officer of tho oity- having responsi -
bility fop any investigation op other proceeding in tohich a
person admits aots- op omissions which would subject that
person to dis qua lifiaci tion under Section ±¥2- sh a ll transmit
to the Boar d a copy or- summary of the ivritten statement
op transcript reflecting that admission as- soon as tho
prosecuting officer THE BOARD OF ESTIMATES SHALL
OBTAIN FROM THE STATES' STATE'S ATTORNEY
FOR BALTIMORE CITY A COPY OR SUMMARY OF
ANY WRITTEN STATEMENT OR TRANSCRIPT RE-
FLECTING ANY ADMISSION WHICH WOULD SUB-
JECT THE PERSON MAKING IT TO DISQUALIFICA-
TION UNDER SECTION 172 AS SOON AS THE STATES'
STATE'S ATTORNEY determines that the action will not
prejudice any pending or anticipated investigation or other
proceeding. ¥ho Board shall keep a roster of all persons and
b usiness entities disqualified op subject to disqualification
under this subtitle. Tho roster shall bo a public record,

(C) THE BOARD SHALL KEEP A ROSTER OF ALL
PERSONS AND BUSINESS ENTITIES DISQUALIFIED
OR SUBJECT TO DISQUALIFICATION UNDER THIS
SUBTITLE. THE ROSTER SHALL BE A PUBLIC
RECORD.

Sec. 2. And be it further ordained, That this ordinance
shall take effect thirty days after the date of its passage.

Approved March 2, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 964
(Council No. 2011)

An Ordinance granting permission for the establishment,
maintenance and operation of housing designed for the
elderly on the property known as School No. 220, 2400
Washington Boulevard, as outlined in red on the plats ac-

ORDINANCES 165

companying this ordinance, under the provisions of Sec-
tions 4.7-ld and 11.0-6d of Article 30 of the Baltimore
City Code (1976 Edition), title "Zoning".

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission be and the same is hereby
granted for the establishment, maintenance and operation
of housing designed for the elderly on the property known
as School No. 220, 2400 Washington Boulevard, as outlined
in red on the plats accompanying this ordinance, under the
provisions of Sections 4.7-ld and 11.0-6d of Article 30 of the
Baltimore City Code (1976 Edition), title "Zoning".

All ordinances and regulations of the Mayor and City
Council of Baltimore shall be complied within the establish-
ment and operation of this development.

Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order to
give notice to the departments which are administering the
Zoning Ordinance, the President of the City Council shall
sign the plat and when the Mayor approves the ordinance,
he shall sign the plat. The City Treasurer shall then trans-
mit a copy of the ordinance and one of the plats to the fol-
lowing: the Board of Municipal and Zoning Appeals, the
Planning Commission, the Commissioner of the Department
of Housing and Community Development and the Zoning
Administrator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved March 2, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 965

(Council No. 2056)

An Ordinance granting permission for the establishment,
maintenance, and operation of housing designed for the

166 ORDINANCES Ord. No. 966

elderly in the Washington Hill-Chapel Urban Renewal
Project, on the property generally bounded by E. Fayette
Street on the south, Castle Street on the east, the five-
foot (5') and ten-foot (10') alleys south of the 2000
block of Orleans Street on the north, and Washington
Street on the west, as outlined in red on the plat accom-
panying this ordinance, under the provisions of Sections
4.8-ld and 11.0-6d of Article 30 of the Baltimore City
Code (1976 Edition), titled "Zoning".

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission be and the same is hereby
granted, for the establishment, maintenance, and operation
of housing designed for the elderly on the property gen-
erally bounded by E. Fayette Street on the south, Castle
Street on the east, the five-foot (5') and ten-foot (10')
alleys south of the 2000 block of Orleans Street on the
north, and Washington Street on the west, as outlined in
red on the plat accompanying this ordinance, under the
provisions of Sections 4.8-ld and 11.0-6d of Article 30 of
the Baltimore City Code (1976 Edition), titled "Zoning".
All ordinances and regulations of the Mayor and City
Council of Baltimore shall be complied with in the estab-
lishment and operation of this development.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved March 2, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 966
(Council No. 1980)

An Ordinance to waive Paragraph 2138 of Article 32 of
the Baltimore City Code (1976 Edition), said Article
being known generally as the Building Code of Balti-
more City, in order to permit the construction and main-
tenance of a masonry structure not more than 4 feet

ORDINANCES 167

from the south wall of the improvements known as 1900
Mt. Royal Terrace into the adjoining sidewalk area.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Paragraph 2138 of Article 32 of the
Baltimore City Code (1976 Edition), said Article being
known generally as the Building Code of Baltimore City,
be waived in order to permit the construction and main-
tenance jof a masonry structure not more than 4 feet from
the south wall of the improvements known as 1900 Mt.
Royal Terrace into the adjoining sidewalk area. Said struc-
ture shall be approximately 31/2 feet in width and 10 feet
in height. Except as in this ordinance specifically provided,
all ordinances and all rules and regulations of the Mayor
and City Council of Baltimore shall be complied with in
the construction and use of said structure.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved March 13, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 967
(Council No. 2045)

An Ordinance to authorize the use of the property known
as 2532 Eutaw Place, as outlined in red on the plats
accompanying this ordinance, for an open air off-street
parking facility in the R-10 District, pursuant to Sec-
tions 4.10-ld and 11.0-6d of Article 30 of the Baltimore
City Code (1976 Edition), title "Zoning".

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the property known as 2532 Eutaw
Place, as outlined in red on the plats accompanying this
ordinance, be and it is hereby authorized for use as an
open air off-street parking facility in the R-10 District,
pursuant to Sections 4.10-ld and 11.0-6d of Article 30 of

168 ORDINANCES Ord. No. 968

the Baltimore City Code (1976 Edition), title "Zoning".
SCREENING AND LANDSCAPING SHALL BE PRO-
VIDED IN ACCORDANCE WITH THE STANDARDS
OF THE RESERVOIR HILL URBAN RENEWAL PLAN.

Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in
order to give notice to the departments which are ad-
ministering the Zoning Ordinance, the President of the
City Council shall sign the plat, and when the Mayor ap-
proves the ordinance, he shall sign the plat. The City
Treasurer shall then transmit a copy of the ordinance and
one of the plats to the following: The Board of Municipal
and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community
Development, the Commissioner of Transit and Traffic,
and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved March 13, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 968
(Council No. 2108)

An Ordinance to repeal and reordain with amendments
Section 75(a) of Article 15 of the Baltimore City Code
(1976 Edition), title "Licenses", subtitle "Open Air
Garages", as amended by Ordinance No. 861, approved
June 25, 1970, providing that persons desiring to keep
an open air garage for less than a full year but not
exceeding six months be charged a license fee equal to
one-twelfth of the annual charge for each month of
operation or period thereof, and providing that these
provisions shall take effect retroactively from January 1,
1979.

ORDINANCES 169

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 75(a) of Article 15 of the Bal-
timore City Code (1976 Edition), title "Licenses", subtitle
"Open Air Garages", as amended by Ordinance No. 861,
approved June 25, 1970, be and it is hereby repealed and
reordained with amendments to read as follows:

75.

(a) Fee. No person, firm or corporation shall keep an
open air garage in the City of Baltimore for the parking
of motor vehicles for which a charge is made until he or
it shall have first obtained an annual license therefor and
shall pay an annual license fee of three dollars and fifty
cents ($3.50) for every one hundred (100) square feet, or
portion thereof of the space used for garage purposes.
Beginning as of January 1, 1958, in computing the area
of the space used for garage purposes, there shall be de-
ducted from the total space a uniform allowance of fifteen
per centum (15%) of the total space as an allowance for
offices, ramps, aisles, toilets and other facilities. For any
such license issued after March 31 and before July 1 of the
license year, the charge shall be three-fourths of that pre-
scribed for the entire year; if the license is issued after
June 30 and before October 1, the charge shall be one-half
of that prescribed for the entire year; and if the license
is issued after September 30, the charge shall be one-
fourth of that prescribed for the entire year.

Any person, firm or corporation desiring to keep an
open air garage for an aggregate of not to exceed [sixty
days] six months in any one calendar year may obtain a
special [sixty-day] partial year license, upon the payment
of a license fee in a sum equal to one- [sixth (1/6)] hvelfth
(1/12) of the charge specified for an annual license fee
covering the entire year [.] for each monthly period or
fraction thereof that the open air garage is to be or is in
operation.

Sec. 2. And be it further ordained, That the provisions
of this ordinance shall take effect retroactively on and from
January 1, 1979.

170 ORDINANCES Ord. No. 969

Sec. 3. And be it further ordained, That this ordinance
shall take effect from date of passage.

Approved March 13, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 969
(Council No. 2130)

An Ordinance providing for a supplementary special fund
appropriation in the amount of Twenty-Four Thousand
Six Hundred Twenty-Four Dollars ($24,624) to the
Department of Legislative Reference to be used for
arranging and describing the Mayoral and City Council
Records, 1797-1978, in accordance with the provisions
of Article VI, Section 2(h)(2) of the Baltimore City
Charter (1964 Revision).

Whereas, the money appropriated herein represents a
grant from a public source which could not be expected
with reasonable certainty at the time of the formulation of
the 1978-1979 Ordinance of Estimates ; and

Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
13th day of December, 1978, all in accordance with Article
VI, Section 2(h) (2) of the 1964 revised Charter of Balti-
more City.

ORDINANCES 171

and describing the Mayoral and City Council Records,
1797-1978. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the National Historical Publications and Records
Commission, said sum being specifically allotted to the
Mayor and City Council of Baltimore for the aforesaid
purpose; and said funds from said National Historical
Publications and Records Commission shall be the source
of revenue for this supplementary special fund appropria-
tion, as required by Article VI, Section 2(h) of the 1964
revised Charter of Baltimore City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved March 13, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 970
(Council No. 2055)

An Ordinance to authorize the use of the property on the
southwest corner of Sherwood Avenue and Loch Raven
Boulevard, as outlined in red on the plats accompanying
this ordinance, for an open air off-street parking facility
in the R-l District, pursuant to Sections 4.1-ld and
11.0-6d of Article 30 of the Baltimore City Code (1976
Edition) , title "Zoning".

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the property on the southwest corner of
Sherwood Avenue and Loch Raven Boulevard, as outlined
in red on the plats accompanying this ordinance, be and
it is hereby authorized for use as an open air off-street
parking facility in the R-l Zoning District, pursuant to
Sections 4.1-ld and 11.0-6d of Article 30 of the Baltimore
City Code (1976 Edition), title "Zoning".

172 ORDINANCES Ord. No. 971

Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat, and when the Mayor approves the
ordinance, he shall sign the plat. The City Treasurer shall
then transmit a copy of the ordinance and one of the plats
to the following: The Board of Municipal and Zoning
Appeals, the Planning Commission, the Commissioner of
the Department of Housing and Community Development,
the Commissioner of Transit and Traffic, and the Zoning
Administrator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved March 14, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 971
(Council No. 1349)

By request of Tham e s Limited Partnership - , - e/e J ohn Clem -
softy 4Q& Tfee Village Square, Cross Keys, Baltimore, Mdr
2i2i0 GAYLORD BROOKS INVESTMENT CO., C/O
JAN K. GUBEN, ESQ., 7TH FLOOR, 100 E. PRATT
ST., BALTIMORE, MD. 21202

An Ordinance to amend Sheet No. 67 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966 Edi-
tion), title "Zoning," (Ordinance No. 1051, approved
April 20, 1971) by changing from the M-3 Zoning District
to the B-3-3 Zoning District the Property located on the
northeast side of Fells Street and north of the Waters
Edge and being that fast land known as 1001 Fells Street
and the building located on the southwest side of Fells
Street known as 1000 Fells Street, as outlined in red on
the plat accompanying this ordinance.

ORDINANCES 173

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 67 of the Zoning District Maps
of Article 30 of the Baltimore City Code (1966 Edition),
Title "Zoning." (Ordinance No. 1051, approved April 20,
1971) be and it is hereby amended by changing from the
M-3 Zoning District to the B-3-3 Zoning District the prop-
erty located on the northeast side of Fells Street and north
of the waters edge and being that fast land known as 1001
Fells Street and the building located on the southwest side
of Fells Street known as 1000 Fells Street, as outlined in
red on the plats accompanying this ordinance.

Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order to
give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to the
following : the Board of Municipal and Zoning Appeals, the
Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development and the
Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved March 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 972
(Council No. 1890)

An Ordinance to repeal and reordain with amendments Sec-
tion 3(g)(1) of Article 22 of the Baltimore City Code
(1976 Edition), title "Retirement Systems", subtitle
"Employees' Retirement System" as amended by Ordi-
nance No. 187, approved December 6, 1976, providing

174 ORDINANCES Ord. No. 972

that certain Police Department meter monitors and line-
men who transfer into the system shall not be charged
with a deficit due to a former difference in contribution
rate, providing that all such transferred Police Depart-
ment meter monitors and linemen shall be Class A mem-
bers, and providing that these provisions shall take effect
retroactively from February 9, 1978.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 3(g) (1) of Article 22 of the
Baltimore City Code (1976 Edition), title "Retirement
Systems", subtitle "Employees' Retirement System", as
amended by Ordinance No. 187, approved December 6, 1976,
be and it is hereby repealed and reordained with amend-
ments to read as follows :

(g) Classes of Membership. On and after January 1,
1954, there shall be two classes of members to be known as
Class A and Class B members, and to be defined as follows :

(1) Class A members shall be all employees who enter
the membership on or after January 1, 1954, and any mem-
ber in service on January 1, 1954, who elects prior to April
1, 1954, on a form approved by the Board, to contribute at
a rate of contribution computed to provide an annuity at
age sixty (60) of one one-hundred-twentieth (1/120) of
average final compensation, multiplied by the number of
years of service after March 31, 1954. Any school crossing
guard, Police Department meter monitors or linemen trans-
ferred to this system pursuant to Section 30(2) of this
article shall be classified in this system as a Class A mem-
ber and shall not be charged with any deficit resulting from
the difference in contribution rates between the fire and
police employees retirement system and this system in the
calculation of said member's retirement allowance at the
time of retirement. The pension at service retirement on
account of each year of prior service for Class A members
shall be one-sixtieth (1/60) of average final compensation,
and the pension on account of each year of service since
January 1, 1926 shall be one one-hundred-twentieth (1/120)
of average final compensation.

ORDINANCES 175

Sec. 2. And be it further ordained, That the provisions
of this ordinance shall take effect retroactively on and from
February 9, 1978.

Sec. 3. And be it further ordained, That this ordinance
shall take effect from date of passage.

Approved March 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 973
(Council No. 1891)

An Ordinance to repeal and reordain with amendments
Section 30(2) of Article 22 of the Baltimore City Code
(1976 Edition), title "Retirement Systems", subtitle
"Fire and Police Employees'', as amended by Ordinance
No. 186, approved December 6, 1976, permitting Police
Department meter monitors and linemen to remain in the
system or to transfer to the Employees' Retirement
System on or before May 3, 1980, providing that contri-
butions to the Social Security System shall not disqualify
meter monitors and linemen from membership, providing
for the transfer of funds to the Employees' Retirement
System, and providing that this ordinance shall take
effect retroactively from February 9, 1978.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 30(2) of Article 22 of the Bal-
timore City Code (1976 Edition), title "Retirement Sys-
tems", subtitle "Fire and Police Employees", as amended
by Ordinance No. 186, approved December 6, 1976, be and
it is hereby repealed and reordained with amendments to
read as follows:

30. Definitions.

(2) (a) "Employee" shall mean any officer or employee
of the Department of Aviation, of the Police Department

176 ORDINANCES Ord. No. 973

or of the Fire Department of Baltimore City, except as
hereinafter excluded, whose compensation is paid by the
Mayor and City Council of Baltimore, by whatever au-
thority appointed. It shall exclude any officer or employee
of these departments for whose benefit the Mayor and City
Council of Baltimore makes contributions as required under
the Social Security System, established by Act of Congress,
known generally as "The Social Security Act of 1935", as
amended from time to time.

(b) However, any school crossing guard who was a
member of this system on July 1, 1976, shall remain a mem-
ber of this system as long as said member continues to be
employed by the City of Baltimore in a job performing
duties substantially similar to those previously performed
by school crossing guards employed by the Baltimore City
Police Department. Furthermore, on or before September 1,
1978, said member may voluntarily elect to transfer his or
her membership to the Employees' Retirement System of
the City of Baltimore. Notwithstanding anything to the con-
trary contained in paragraph (2) of this section, said
school crossing guards who remain as members of this
system, shall not be disqualified from membership in this
system by subsequently being required to make contribu-
tions to the Social Security System.

(c) In addition, any Police Department meter monitors
or linemen ivho tvere members of this system on February
9, 1978, shall remain members of this system as long as said
members continue to be employed by the City of Baltimore
in a job performing duties performed by meter monitors
or linemen employed by the Balti?nore City Police Depart-
ment. Furthermore, on or before May 3, 1980, said mem-
bers may voluntarily elect to transfer their membership to
the Employees' Retirement System of the City of Balti-
more. Notivithstanding anything to the contrary contained
in paragraph (2) of this section, said Police Department
meter monitors or linemen tvho remain as members of this
system shall not be disqualified from membership in this
system by subsequently being required to make contribu-
tions to the Social Security System.

(d) In all cases of doubt, The Board of Trustees shall
decide who is an employee within the meaning of this
subtitle.

ORDINANCES 177

Sec. 2. And be it further ordained, That in addition to
the member's annuity savings fund, an amount equivalent
to the transferred employee's accumulated contribution
shall be paid from the pension accumulation fund of this
system to the pension accumulation fund of the Employees'
Retirement System.

Sec. 3. And be it further ordained, That the provisions
of this ordinance shall take effect retroactively on and from
February 9, 1978.

Sec. 4. And be it further ordained, That this ordinance
shall take effect from the date of passage.

Approved March 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 974

(Council No. 1922)

An Ordinance to authorize the use of the properties known
as 2721-27 Rayner Avenue, as outlined in red on the
plats accompanying this ordinance, for an open air off-
street parking facility in the R-6 District, pursuant to
Sections 4.6-ld and 11.0-6d of Article 30 of the Baltimore
City Code, (1976 Edition) , title, "Zoning".

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the properties known as 2721-27 Rayner
Avenue, as outlined in red on the plats accompanying this
ordinance, be and they are hereby authorized for use as
an open air off-street parking facility in the R-6 District,
pursuant to Sections 4.6-ld and 11.0-6d of Article 30 of
the Baltimore City Code, (1976 Edition) title, "Zoning".

Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order

178 ORDINANCES Ord. No. 975

to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following : The Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the De-
partment of Housing and Community Development, the
Commissioner of Transit and Traffic, and the Zoning
Administrator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved March 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 975
(Council No. 1925)

An Ordinance to amend Sheet No. 67 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1976
Edition), title "Zoning", by changing from the M-3
Zoning District to the B-3-3 Zoning District the property
located on the east side of S. Wolfe Street and the north
side of Thames Street and known as 801-811 S. Wolfe
Street, as outlined in red on the plats accompanying this
ordinance.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 67 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1976 Edi-
tion), title "Zoning", be and it is hereby amended by
changing from the M-3 Zoning District to the B-3-3 Zoning
District, the property located on the east side of S. Wolfe
Street and the north side of Thames Street and known as
801-811 S. Wolfe Street, as outlined in red on the plats ac-
companying this ordinance.

ORDINANCES 179

Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order to
give notice to the departments which are administering the
Zoning Ordinance, the President of the City Council shall
sign the plat and when the Mayor approves the ordinance,
he shall sign the plat. The City Treasurer shall then trans-
mit a copy of the ordinance and one of the plats to the
following: the Board of Municipal and Zoning Appeals, the
Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development and the
Zoning Administrator.

Sec. 3. And be it further ordained. That this ordinance
shall take effect thirty days from the date of its passage.

Approved March 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 976
(Council No. 2020)

An Ordinance to amend Sheet No. 16 of the Zoning Dis-
trict Maps of Article 30 of the Baltimore City Code
(1976 Edition) title "Zoning" by changing from the R-5
Zoning District to the B-2-2 Zoning District, the prop-
erty to the rear of 5224 York Road, as outlined in red
on the plats accompanying this ordinance.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 16 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1976 Edi-
tion) title "Zoning" be and it is hereby amended by chang-
ing from the R-5 Zoning District to the B-2-2 Zoning
District the property to the rear of 5224 York Road, as
outlined in red on the plats accompanying this ordinance.

Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the

180 ORDINANCES Ord. No. 977

authenticity of the plat which is a part hereof and in
order to give notice to the departments which are ad-
ministering the Zoning Ordinance, the President of the
City Council shall sign the plat and when the Mayor ap-
proves the ordinance, he shall sign the plat. The City
Treasurer shall then transmit a copy of the ordinance and
one of the plats to the following: the Board of Municipal
and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community
Development and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved March 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 977
(Council No. 2062)

An Ordinance to approve the application of Potomac
Mortgage Company, contract purchaser of the property
known as 805 through 817 South Wolfe Street, to have
said property designated a Business Planned Develop-
ment in accordance with Sections 12.0-1 and 12.0-4 of
Article 30 of the Baltimore City Code (1976 Edition),
as amended, and to approve the development plan sub-
mitted by the Potomac Mortgage Company.

Whereas, on October 26, 1978, the Potomac Mortgage
Company met with the Planning Commission of Baltimore
City, to hold a Pre-Petition Conference to explain the scope
and nature of existing and proposed development on the
property in order to institute proceedings to have said
property designated a Business Planned Development; and

Whereas, together herewith the Potomac Mortgage
Company made formal application to the City Council of
Baltimore City and has submitted requisite development
plan to include requirements specified in Sections 12.0-1

ORDINANCES 181

and 12.0-4 of Article 30 of the Baltimore City Code (1976
Edition), as amended; now therefore,

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the application of the Potomac Mort-
gage Company, contract purchaser of the property known
as 805 through 817 South Wolfe Street, as outlined in the
plats accompanying the ordinance to designate said prop-
erty a Business Planned Development pursuant to Article
30, Sections 12.0-1 and 12.0-4 of the Baltimore City Code
(1976 Edition), as amended, be and it is hereby approved.

Sec. 2. And be it further ordained, That the Develop-
ment Plan which includes the approximate square footage
of residential, office and commercial space, submitted by
Potomac Mortgage Company, attached hereto and made a
part hereof, be and it is hereby approved.

Sec. 3. And be it further ordained, That future uses in
the commercial space indicated in the Development Plan
must be approved by the Department of Housing and Com-
munity Development in conformance with the goals and
objectives of the Fells Point Urban Renewal Plan.

Sec. 4. And be it further ordained, That the proposed
marina shown on the Development Plan be operated only
as an accessory marina for the residences.

Sec. 5. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plats which are a part hereof and in
order to give notice to the departments which are ad-
ministering the Zoning Ordinance, the President of the
City Council shall sign the plats, and when the Mayor ap-
proves the ordinance, he shall sign the plats. The City
Treasurer shall then transmit a copy of the ordinance and
the plats to the Board of Municipal and Zoning Appeals,
the Planning Commission, and the Zoning Administration.

Sec. 6. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved March 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

182 ORDINANCES Ord. No. 978

No. 978
(Council No. 2107)

An Ordinance to approve the application of Gaylord Brooks
Investment Company, Contract Purchaser of the prop-
erty known as 1000 and 1001 Fell Street to have said
property designated a Business Planned Development in
accordance with Sections 12.0-1 and 12.0-4 of Article 30
of the Baltimore City Code (1976 Edition), as amended,
and to approve the Development Plan submitted.

Whereas, on December 4, 1978, the Gaylord Brooks
Investment Company met with the Planning Department
of Baltimore City to hold a Pre-Petition Conference to
explain the scope and nature of existing and proposed
development on the property in order to institute proceed-
ings to have said property designated a Business Planned
Development; and

Whereas, together herewith the Gaylord Brooks Invest-
ment Company made formal application to the City Coun-
cil of Baltimore City and has submitted the Requisite
Development Plan including the following: Letter of In-
troduction and Organization dated December 7, 1978, Site
plan (SK 1 dated December 7, 1978) and Typical floor
plan (SK 2 dated December 7, 1978) ; intended to satisfy
requirements specified in Sections 12.0-1 and 12.0-4 of
Article 30 of the Baltimore City Code (1976 Edition), as
amended ; now therefore,

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, the application of Gaylord Brooks Invest-
ment Company, Contract Purchaser of the properties
known as 1000 and 1001 Fell Street as outlined in the
plats accompanying the ordinance to designate said prop-
erty a Business Planned Development pursuant to Article
30, Sections 12.0-1 and 12.0-4 of the Baltimore City Code
(1978 Edition), as amended, be and it is hereby approved.

Sec. 2. And be it further ordained, That the Develop-
ment Plans (as listed in the Recital Paragraph of this
ordinance) submitted by Gaylord Brooks Investment Com-

ORDINANCES 183

pany, attached hereto and made a part hereof, be and they
are hereby approved.

Sec. 3. And be it further ordained, That future plans
for the development of the property be reviewed and ap-
proved by the Department of Housing and Community
Development and the Planning Commission to be con-
sistent with this ordinance.

Sec. 4. And be it further ordained, That future uses in
the commercial space indicated in the Development Plan
be approved by the Department of Housing and Commu-
nity Development in conformance with the goals and ob-
jectives of the Fells Point Renewal Plan, Ordinance 999,
approved October 14, 1975 as amended.

Sec. 5. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in
order to give notice to the departments which are ad-
ministering the Zoning Ordinance, the President of the
City Council shall sign the plat and, when the Mayor ap-
proves the ordinance, he shall sign the plat. The City
Treasurer shall then transmit a copy of the ordinance and
one of the plats to the following : the Board of Municipal
and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community
Development and the Zoning Administrator.

Sec. 6. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved March 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 979

(Council No. 2129)

An Ordinance providing for a supplementary general fund
appropriation in the amount of Twenty-Five Thousand

184 ORDINANCES Ord. No. 979

Dollars ($25,000) to the Urban Services Agency to be
used for supplementing services provided by the Deaf
Referral Services, Inc. with emphasis on encouraging the
deaf to move into new housing, in accordance with the
provisions of Article VI, Section 2(h) (3) of the Balti-
more City Charter (1964 Revision).

Whereas, the money appropriated herein represents
final payment for the Model Cities Grant from the Depart-
ment of Housing and Urban Development which has be-
come a part of the general revenue of the City in excess of
the revenues estimated and relied upon by the Board of
Estimates in determining the tax levy required to balance
the budget for the 1979 fiscal year and are therefore avail-
able for appropriation as provided in Article VI, Section
2(i) of the 1964 revised Charter of Baltimore City; and

Whereas, the additional sum here appropriated is for a
new program which could not reasonably be anticipated at
the time of formulation of the proposed Ordinance of Esti-
mates for the 1979 fiscal year, in accordance with Article
VI, Section 2(h) (3) of said Charter; and

Whereas, the supplementary general fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
10th day of January, 1979, all in accordance with Article
VI, Section 2(h) (3) of said Charter.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2 of the 1964 revision of the Charter of Baltimore
City, the sum of Twenty-Five Thousand Dollars ($25,000)
shall be made available to the Urban Services Agency of
the City of Baltimore as a supplementary general fund
appropriation for the fiscal year ending June 30, 1979 for
the purpose of supplementing services provided by the
Deaf Referral Services, Inc. with emphasis on encouraging
the deaf to move into new housing. The amount thus made
available as a supplementary general fund appropriation
shall be expended from surplus general funds of the Mayor
and City Council of Baltimore representing final payment
for the Model Cities Grant from the Department of Hous-

ORDINANCES 185

ing and Urban Development; and said funds from said
surplus shall be the source of revenue for this supplemen-
tary general fund appropriation, as required by Article
VI, Section 2 of the 1964 revised Charter of Baltimore
City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved March 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 980
(Council No. 2147)

An Ordinance providing for a supplementary special fund
appropriation in the amount of Five Hundred Thirty-
Five Thousand Dollars ($535,000) to the Department of
Education to be used for state sharing of excess costs
of placing handicapped pupils in non-public facilities, in
accordance with the provisions of Article VI, Section
2(h) (2) of the Baltimore City Charter (1964 Revision).

Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
17th day of January, 1979, all in accordance with Article
VI, Section 2(h) (2) of the 1964 revised Charter of Balti-
more City.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-

186 ORDINANCES Ord. No. 981

more City, the sum of Five Hundred Thirty-five Thousand
Dollars ($535,000) shall be made available to the Depart-
ment of Education of the City of Baltimore as a supple-
mentary special fund appropriation for the fiscal year end-
ing June 30, 1979 for the purpose of State sharing of the
excess costs of placing handicapped pupils in non-public
facilities.

The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by
the Maryland State Department of Education; said sum
being specifically allotted to the Mayor and City Council of
Baltimore for the aforesaid purpose ; and said funds from
said Maryland State Department of Education shall be the
source of revenue for this supplementary special fund ap-
propriation, as required by Article VI, Section 2(h) of the
1964 revised Charter of Baltimore City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved March 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 981

(Council No. 2148)

An Ordinance providing for a supplementary special fund
appropriation in the amount of One Million Two Hun-
dred Forty-three Thousand Three Hundred Eighty-five
Dollars ($1,243,385) to the Department of Education to
be used for implementing diagnostic/prescriptive serv-
ices for handicapped pupils, in accordance with the pro-
visions of Article VI, Section 2(h) (2) of the Baltimore
City Charter (1964 Revision).

Whereas, the money appropriated herein represents a
grant from a public source which could not be expected

ORDINANCES 187

with reasonable certainty at the time of the formulation of
the 1978-1979 Ordinance of Estimates ; and

Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
17th day of January, 1979, all in accordance with Article
VI, Section 2(h) (2) of the 1964 revised Charter of Bal-
timore City.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Million Two Hundred
Forty-three Thousand Three Hundred Eighty-five Dollars
($1,243,385) shall be made available to the Department
of Education of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June
30, 1979 for the purpose of implementing diagnostic/pre-
scriptive services for handicapped pupils.

The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by the
Federal Department of Health, Education and Welfare,
said sum being specifically allotted to the Mayor and City
Council of Baltimore for the aforesaid purpose; and said
funds from said Federal Department of Health, Education
and Welfare shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved March 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

188 ORDINANCES Ord. No. 982

No. 982
(Council No. 2149)

An Ordinance providing for a supplementary special fund
appropriation in the amount of Two Million Four Hun-
dred Eighty-two Thousand Two Hundred Thirty-three
Dollars ($2,482,233) to the Department of Education to
be used for improving early childhood achievement levels
in reading, writing and mathematics, in accordance with
the provisions of Article VI, Section 2 (h) (2) of the
Baltimore City Charter (1964 Revision).

Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
17th day of January, 1979, all in accordance with Article
VI, Section 2(h) (2) of the 1964 revised Charter of Balti-
more City.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h) (2) of the 1964 revision of the Charter of
Baltimore City, the sum of Two Million Four Hundred
Eighty-two Thousand Two Hundred Thirty-three Dollars
($2,482,233) shall be made available to the Department of
Education of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June
30, 1979 for the purpose of improving early childhood
achievement levels in reading, writing, and mathematics.

ORDINANCES 189

and Welfare shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2 (h) of the 1964 revised Charter of Baltimore
City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved March 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 983
(Council No. 2150)

An Ordinance providing for a supplementary special fund
appropriation in the amount of Three Hundred Fourteen
Thousand Four Hundred Dollars ($314,400) to the De-
partment of Education to be used for providing pupil
transportation, in accordance with the provisions of
Article VI, Section 2(h) (2) of the Baltimore City Char-
ter (1964 Revision).

Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
17th day of January, 1979, all in accordance with Article
VI, Section 2(h) (2) of the 1964 revised Charter of Balti-
more City.

190 ORDINANCES Ord. No. 984

sand Four Hundred Dollars ($314,400) shall be made
available to the Department of Education of the City of
Baltimore as a supplementary special fund appropriation
for the fiscal year ending June 30, 1979 for the purpose of
providing pupil transportation.

The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by
the Maryland State Department of Education; said sum
being specifically allotted to the Mayor and City Council
of Baltimore for the aforesaid purpose; and said funds
from said Maryland State Department of Education shall
be the source of revenue for this supplementary special
fund appropriation, as required by Article VI, Section
2(h) of the 1964 revised Charter of Baltimore City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved March 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 984
(Council No. 2178)

An Ordinance to repeal Ordinance No. 509, approved Octo-
ber 21, 1977, said ordinance being titled "An Ordinance
providing for reserved parking on the south side of
Centre Street near Academy Alley for disabled persons/'

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Ordinance No. 509, approved October 21,
1977, be and it is hereby repealed.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved March 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 191

No. 985
(Council No. 1742)

An Ordinance to repeal and reordain, with amendments,
Section 3 of Article 26 of the Baltimore City Code (1976
Edition), title "Streets and Highways", subtitle "Alleys",
altering the assessment for improvements to side alleys
of corner lots END OF GROUP LOT OWNERS UNDER
CERTAIN CONDITIONS.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 3 of Article 26 of the Baltimore
City Code (1976 Edition), title "Streets and Highways",
subtitle "Alleys", be and it is hereby repealed and reor-
dained with amendments to read as follows:

3. Notice and list of assessments.

After any contract for the work of grading, paving, or
curbing an alley or part thereof shall have been awarded
in a manner provided by the law, the said Director of
Public Works shall assess the costs thereof upon the
property binding on the said alley or any part thereof so
to be graded, paved, or curbed equally in amount to such
part of the said expense as the aforesaid Director of Public
Works with the concurrence of the Board of Estimates in
its discretion shall determine is to be borne by the owner
or owners of such property, and the said Director of Public
Works shall apportion the said costs so that the several
lots of ground binding on both sides of said alley or part
thereof to be graded, paved, or curbed shall become liable
for pro rata parts thereof according to the frontage of said
property thereon. In counting the number of feet which
any property abuts upon the alley to be paved, the actual
number of such feet shall be taken as to all lots having
their front or rear upon said alley, but corner lots, having
their front on some intersecting or crossing alley and hav-
ing their side upon the alley to be paved, shall not be
counted for -fonly one-third of} the length of such side,
and the property owners share of the expense of paving
such alley shall be divided equally in proportion to the
number of feet abutting upon such alley counting as herein

192 ORDINANCES Ord. No. 986

directed; provided that, IF AN END-OF-GROUP LOT
OWNER HAS PAID FOR THE PAVING OF A FRONT
OR REAR ALLEY WITHIN FIVE PREVIOUS YEARS,
THEN THE ASSESSMENT FOR PAVING A SIDE AL-
LEY SHALL BE WAIVED. &e THE cost of paving alleys
under the provisions of this ordinance shall be assessed in
the aforementioned proportion upon the abutting property
owners in every case, in no instance, however, to exceed
two-thirds of said cost, and the said Director of Public
Works shall then prepare a statement showing the amount
of assessment upon each of the aforesaid lots of ground.

Sec. 2. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved March 20, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 986
(Council No. 1861)

An Ordinance to add new Sections 84 A to Article 31 of the
Baltimore City Code (1976 Edition and 1977 Supple-
ment), title 'Transit and Traffic" to follow immediately
after Section 84 thereof and to be under new subtitle
"Commercial Trailers", prohibiting the parking of de-
tached commercial trailers on public streets and high-
ways in the City of Baltimore , AND PROVIDING
EXCEPTIONS.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 84A be and it is hereby
added to Article 31 of the Baltimore City Code (1976 Edi-
tion and 1977 Supplement), title 'Transit and Traffic"
to follow immediately after Section 84 thereof, and to be
under new subtitle "Commercial Trailers" and to read as
follows:

ORDINANCES 193

Trailer's
UA

(a) A person shall not stop, stand, or park a detached
commercial trailer on any public street or highway in the
City of Baltimore,, EXCEPT WHEN THE VEHICLE IS
BEING EXPEDITIOUSLY LOADED OR UNLOADED.

(b) As used in this section "commercial trailer" means
a vehicle that:

(1) is a trailer;

(2) has no motive power;

(3) is designed to be towed by a motor vehicle;

(U) is designed for the transportation of property.

(C) NOTHING, HOWEVER, IN THIS ORDINANCE
SHALL APPLY TO AUTHORIZED EMERGENCY VE-
HICLES, TO VEHICLES OWNED OR OPERATED BY
THE CITY OR TO VEHICLES OWNED OR OPERATED
BY PUBLIC SERVICE COMPANIES AS DEFINED IN
SECTION 2 (0) OF ARTICLE 78 OF THE ANNO-
TATED CODE OF MARYLAND (1975 REPLACEMENT
VOLUME) WHILE SUCH VEHICLES ARE ENGAGED
IN CONSTRUCTION OR REPAIR SERVICES ASSOCI-
ATED WITH SUPPLYING NECESSARY SERVICE TO
THEIR CUSTOMERS.

Sec. 2. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved March 22, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 987
(Council No. 1917)

An Ordinance to amend Sheet No. 68 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1976

194 ORDINANCES Ord. No. 987

Edition), Title "Zoning", by changing from the B-2-2
Zoning District to the R-8 Zoning District the property
lying north of Elliott Street, east of Linwood Avenue,
south of O'Donnell Street, and west of Potomac Street,
as outlined in orange on the AMENDED plats accom-
panying this ordinance.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 68 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1976 Edi-
tion), Title "Zoning" be and it is hereby amended by
changing from the B-2-2 Zoning District to the R-8 Zoning
District, the property lying north of Elliott Street, east of
Linwood Avenue, south of O'Donnell Street, and west of
Potomac Street, as outlined in orange on the AMENDED
plats accompanying this ordinance.

Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof, and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat, and when the Mayor approves the ordi-
nance he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following : the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development, the Com-
missioner of Transit and Traffic, and the Zoning Adminis-
trator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved March 22, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 195

No. 988
(Council No. 2059)

An Ordinance to amend Sheet No. 48 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1976
Edition) title "Zoning" by changing from the M-2-2
Zoning District to the R-6 Zoning District the property
known as 1401 Edison Highway, as outlined in red on
the plats accompanying this ordinance.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 48 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1976 Edi-
tion) title "Zoning", be and it is hereby amended by chang-
ing from the M-2-2 Zoning District to the R-6 Zoning Dis-
trict the property known as 1401 Edison Highway, as out-
lined in red on the plats accompanying this ordinance.

Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following : the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the De-
partment of Housing and Community Development and the
Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved March 22, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

196 ORDINANCES Ord. No. 989

No. 989
(Council No. 2183)

An Ordinance providing for a supplementary general fund
appropriation in the amount of Nine Thousand Dollars
($9,000) to the Department of Legislative Reference
to be used for printing the Code of Public Local Laws
of Baltimore City, in accordance with the provisions of
Article VI, Section 2(h)(1) of the Baltimore City
Charter (1964 Revision).

Whereas, the money appropriated herein represents
revenues produced by the sale of the Baltimore City Code
in excess of the revenues estimated and relied upon by the
Board of Estimates in determining the tax levy required
to balance the budget for the 1979 fiscal year and are
therefore available for appropriation to the Department
of Legislative Reference pursuant to the provisions of
Article VI, Section 2(h) (1) of the Baltimore City Charter
(1964 Revision) ; and

Whereas, the supplementary general fund appropria-
tion ordained herein has been recommended to the City
Council by the Board of Estimates, said recommendation
having been made at a meeting of said Board held on the
31st day of January, 1979, all in accordance with Article
VI, Section 2(h) (1) of said Charter.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2 of the 1964 revision of the Charter of Baltimore City
the sum of Nine Thousand Dollars ($9,000) shall be made
available to the Department of Legislative Reference as a
supplementary general fund appropriation for the fiscal
year ending June 30, 1979 for the purpose of printing the
Code of Public Local Laws of Baltimore City. The amount
thus made available as a supplementary general fund ap-
propriation shall be expended from the sale of the Balti-
more City Code in excess of the amount from this source
which was estimated or relied upon by the Board of Esti-
mates in determining the tax levy required to balance the
budget for the 1979 fiscal year ; and said funds shall be the

ORDINANCES 197

source of revenue for this supplementary general fund
appropriation, as required by Article VI, Section 2 of the
1964 revised Charter of Baltimore City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved March 22, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 990
(Council No. 2116)

An Ordinance to repeal and reordain with amendments
Section 20 of Article 19 of the Baltimore City Code
(1976 Edition, as amended) title "Police Ordinances",
subtitle "Drinking in Public Places"; prohibiting the
possession of an alcoholic beverage in an open container
in public places, providing exceptions, and providing
penalties.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 20 of Article 19 of the Balti-
more City Code (1976 Edition, as amended) title "Police
Ordinances", subtitle "Drinking in Public Places", be and
it is hereby repealed and reordained with amendments to
read as follows :

DRINKING IN PUBLIC PLACES

20. Regulated.

(a) Applicability. It it unlawful for any person to
drink or consume any alcoholic beverage[s] (as that term
is denned from time to time in Article 2B of the Anno-
tated Code of Maryland), or to possess in an open con-
tainer any alcoholic beverage, in or on any public street,
avenue, alley, lane, sidewalk, park, building, or ground in
this City. This section shall be applicable to drinking or
consumption of alcoholic beverages in or on any Class A

198 ORDINANCES Ord. No. 991

or Class D or Class M vehicle (as these classes of vehicles
are designated from time to time in the Transportation
Article of the Annotated Code).

(b) Exception. This section shall not be applicable to
the drinking or consumption of any alcoholic beverage by
an owner or lessee of property or the guest of either, on the
property own e r OWNED or leased i[or on any property
immediately adjacent to the property owned or leased] ;
nor shall it be applicable to the drinking or consumption
of any alcoholic beverage on any premises licensed under
Article 2B of the Annotated Code for the sale or consump-
tion of alcoholic beverages. Drinking in public parks and
public buildings and on public ground may be allowed
subject to the terms of a permit therefor issued by the
City agency having jurisdiction over the park, building
or ground.

(c) Penalties. Any person who violates the provisions
of this subtitle is guilty of a misdemeanor and on convic-
tion is subject to a fine not exceeding One Hundred Dollars
($100).

Sec. 2. And be it further ordained, That this ordinance
shall take effect 30 days from the date of passage.

Approved March 28, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 991

(Council No. 2123)

An Ordinance granting permission and authority to The
Chesapeake Life Insurance Company, a body corporate,
to construct, maintain and use a one-story covered
bridgeway above and across North Calvert Street, about
103 feet north of the southern property lines, of Lots
7-A and 7-B of the Mt. Vernon Urban Renewal Area,
fronting on Centre Street.

ORDINANCES 199

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission and authority be and the
same are hereby granted to The Chesapeake Life Insur-
ance Company, a body corporate, its successors and as-
signs, hereinafter referred to as the "grantee", to con-
struct, maintain, and use, at its own cost and expense, for
a period not exceeding 25 years, a one-story covered bridge-
way above and across North Calvert Street, north of
Centre Street and south of Monument Street, which bridge-
way shall connect the second floor of a proposed new office
building to be erected by grantee on the west side of North
Calvert street, north of Centre Street, with the second
floor of a proposed new parking garage to be erected by
grantee on the east side of North Calvert Street, between
Monument Street and Centre Street.

Sec. 2. And be it further ordained, That the center line
of said one-story covered bridgeway shall be located ap-
proximately 108 feet north of the southern property lines,
of Lots 7-A and 7-B of the Mt. Vernon Urban Renewal
Area, fronting on Centre Street.

That said one-story covered bridgeway shall be approx-
imately 60 feet across North Calvert Street, 10 feet wide,
12 feet high, all outside measurements and no part of said
bridgeway shall be less than 16 feet above the surface of
the bed of North Calvert Street.

No woodwork or other combustible materials shall be
used in the construction or maintenance of said one-story
covered bridgeway, and said structure shall be constructed
in all respects in accordance with the Building Code of
Baltimore City and shall be completed and maintained
under the supervision and to the satisfaction of the Com-
missioner, Department of Housing and Community Devel-
opment of Baltimore City, and shall be at all times here-
after, subject to regulation and control by the said
Commissioner.

200 ORDINANCES Ord. No. 991

control in respect to all matters connected with this grant,
and not inconsistent with the terms thereof.

Sec. 4. And be it further ordained, That the franchise
or right granted by this ordinance shall be executed and
enjoyed within eighteen months after the grant.

Sec. 5. And be it further ordained, That the said gran-
tee, its successors and assigns, shall maintain the said one-
story covered bridgeway in good condition throughout the
full term of this grant, so long as said bridgeway remains
in and above said street.

Sec. 6. And be it further ordained, That the said gran-
tee, its successors and assigns, shall pay to the said Mayor
and City Council of Baltimore, as compensation for the
franchise or privilege hereby granted, the sum of FIFTY
DOLLARS ($50.00) per year, payable in advance during
the continuance of this franchise or privilege, provided,
however, that the Mayor and City Council of Baltimore,
acting by and through the Board of Estimates, may in-
crease or decrease the franchise charge payable by the
grantee under the provisions hereof by giving written no-
tice to that effect to the grantee at least one hundred and
fifty (150) days prior to the expiration of the first five
years of the term granted herein, or at the expiration of
any subsequent five (5) year period of said term granted
herein, any such increase or decrease of said franchise
charge to be effective as of the beginning of the next suc-
ceeding five (5) year period of the term granted herein.

Sec. 7. And be it further ordained, That non-compliance
at any time or times with any of the terms or conditions
of the grant hereby made shall, at the option of the Mayor
and City Council of Baltimore, operate as a forfeiture of
the same, which shall thereupon be and become void, and
that nothing short of an ordinance of the Mayor and City
Council of Baltimore shall operate as a waiver of any for-
feiture of the grant hereby made.

Sec. 8. And be it further ordained, That the Mayor of
Baltimore City shall have the right to revoke the rights

ORDINANCES 201

and privileges hereby granted at any time or times when,
in his judgment, the public interest, welfare, safety, or
convenience requires such revocation, and upon written
notice to that effect from the Mayor of Baltimore City
served upon the grantee, its successors or assigns, all such
rights shall cease and determine.

Sec. 9. And be it further ordained, That in the event of
any revocation, forfeiture, or termination of the rights and
privileges by this ordinance granted, the said grantee, its
successors and assigns, shall, at their expense, promptly
remove said one-story covered bridgeway in a manner
satisfactory to the Commissioner, Department of Housing
and Community Development, without any compensation
to the grantee, its successors and assigns.

Sec. 10. And be it further ordained, That the said gran-
tee, its successors and assigns, shall be liable for and shall
indemnify and save harmless the Mayor and City Council
of Baltimore from and against any and all suits, losses,
costs, claims, damages, or expenses to which the said
Mayor and City Council of Baltimore may, from time to
time, be subjected on account of, by reason of, or in any
way resulting from —

A. The presence, construction, use, operation, mainte-
nance, alteration, repair, location, relocation or re-
moval of said one-story covered bridgeway; and

B. Any failure on the part of said grantee, its successors
and assigns, to perform, promptly and properly, any
of the duties or obligations imposed upon it or them
by the terms and provisions of this ordinance.

Sec. 11. And be it further ordained, That said The
Chesapeake Life Insurance Company, its successors or as-
signs, shall pay to the City within 30 days after written
notice from the Director of Public Works of Baltimore
City, of the amount due, the cost of relocating, strengthen-
ing, or encasing in concrete all subsurface structures be-
longing to the Mayor and City Council of Baltimore lo-
cated in said street, in or adjacent to the space to be
occupied by said bridgeway, and shall also pay to the City,

202 ORDINANCES Ord. No. 992

within 30 days after written notice from the said Director
of Public Works of the amount due, the cost of relocating
any surface structures belonging to the City made neces-
sary by the construction of said bridgeway, the judgment
of the Director of Public Works as to the work necessary
to safeguard said subsurface structures and as to the
necessity of relocating any surface structures to be final.

Sec. 12. And be it further ordained, That this ordinance
shall take effect thirty (30) days from the date of its
passage.

Approved March 28, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 992
(Council No. 2124)

An Ordinance granting permission and authority to The
Chesapeake Life Insurance Company, a body corporate,
to construct, maintain and use a one-story covered bridge-
way above and across North Calvert Street, about 297
feet north of the southern property lines, of Lots 7-A and
7-B of the Mt. Vernon Urban Renewal Area, fronting on
Centre Street.

Section 1. Be it ordained by the Mayor and City Coimcil
of Baltimore, That permission and authority be and the
same are hereby granted to The Chesapeake Life Insurance
Company, a body corporate, its successors and assigns,
hereinafter referred to as the "grantee", to construct, main-
tain, and use, at its own cost and expense, for a period
not exceeding 25 years, a one-story covered bridgeway
above and across North Calvert Street, north of Centre
Street and south of Monument Street, which bridgeway
shall connect the second floor of a proposed new apartment
building to be erected by grantee on the west side of North
Calvert Street, south of Monument Street, with the second
floor of a proposed new parking garage to be erected by

ORDINANCES 203

grantee on the east side of North Calvert Street, between
Monument Street and Centre Street.

Sec. 2. And be it further ordained, That the center line
of said one-story covered bridgeway shall be located ap-
proximately 302 feet north of the southern property lines,
of Lots 7-A and 7-B of the Mt. Vernon Urban Renewal Area,
fronting on Centre Street.

That said one-story covered bridgeway shall be approx-
imately 60 feet across North Calvert Street, 10 feet wide, 12
feet high, all outside measurements and no part of said
bridgeway shall be less than 16 feet above the surface of
the bed of North Calvert Street.

No woodwork or other combustible materials shall be
used in the construction or maintenance of said one-story
covered bridgeway, and said structure shall be constructed
in all respects in accordance with the Building Code of Balti-
more City and shall be completed and maintained under the
supervision and to the satisfaction of the Commissioner,
Department of Housing and Community Development of
Baltimore City, and shall be at all times hereafter, subject
to regulation and control by the said Commissioner.

Sec. 3. And be it further ordained, That the Mayor and
City Council of Baltimore hereby expressly reserves the
right and power at all times to exercise, in the interest of
the public, full municipal superintendence, regulation and
control in respect to all matters connected with this grant,
and not inconsistent with the terms thereof.

Sec. 4. And be it further ordained, That the franchise or
right granted by this ordinance shall be executed and
enjoyed within eighteen months after the grant.

Sec. 5. And be it further ordained, That the said grantee,
its successors and assigns, shall maintain the said one-
story covered bridgeway in good condition throughout the
full term of this grant, so long as said bridgeway remains in
and above said street.

Sec. 6. And be it further ordained, That the said grantee,
its successors and assigns, shall pay to the said Mayor and

204 ORDINANCES Ord. No. 992

City Council of Baltimore, as compensation for the fran-
chise or privilege hereby granted, the sum of FIFTY
DOLLARS ($50.00) per year, payable in advance during
the continuance of this franchise or privilege, provided,
however, that the Mayor and City Council of Baltimore,
acting by and through the Board of Estimates, may increase
or decrease the franchise charge payable by the grantee
under the provisions hereof by giving written notice to that
effect to the grantee at least one hundred and fifty (150)
days prior to the expiration of the first five years of the term
granted herein, or at the expiration of any subsequent five
(5) year period of said term granted herein, any such in-
crease or decrease of said franchise charge to be effective
as of the beginning of the next succeeding five (5) year
period of the term granted herein.

Sec. 7. And be it further ordavned, That non-compliance
at any time or times with any of the terms or conditions of
the grant hereby made shall, at the option of the Mayor and
City Council of Baltimore, operate as a forfeiture of the
same, which shall thereupon be and become void, and that
nothing short of an ordinance of the Mayor and City Coun-
cil of Baltimore shall operate as a waiver of any forfeiture
of the grant hereby made.

Sec. 8. And be it further ordained, That the Mayor of
Baltimore City shall have the right to revoke the rights and
privileges hereby granted at any time or times when, in his
judgment, the public interest, welfare, safety, or conve-
nience requires such revocation, and upon written notice
to that effect from the Mayor of Baltimore City served upon
the grantee, its successors or assigns, all such rights shall
cease and determine.

Sec. 9. And be it further ordained, That in the event of
any revocation, forfeiture, or termination of the rights and
privileges by this ordinance granted, the said grantee, its
successors and assigns, shall, at their expense, promptly re-
move said one-story covered bridgeway in a manner satis-
factory to the Commissioner, Department of Housing and
Community Development, without any compensation to the
grantee, its successors and assigns.

ORDINANCES 205

Sec. 10. And be it further ordained, That the said grantee,
its successors and assigns, shall be liable for and shall
indemnify and save harmless the Mayor and City Council
of Baltimore from and against any and all suits, losses,
costs, claims, damages, or expenses to which the said Mayor
and City Council of Baltimore may, from time to time, be
subjected on account of, by reason of, or in any way result-
ing from —

A. The presence, construction, use, operation, main-
tenance, alteration, repair, location, relocation or removal
of said one-story covered bridgeway ; and

B. Any failure on the part of said grantee, its suc-
cessors and assigns, to perform, promptly and properly, any
of the duties or obligations imposed upon it or them by the
terms and provisions of this ordinance.

Sec. 11. And be it further ordained, That said The Chesa-
peake Life Insurance Company, its successors or assigns,
shall pay to the City within 30 days after written notice
from the Director of Public Works of Baltimore City, of
the amount due, the cost of relocating, strengthening, or
encasing in concrete all subsurface structures belonging to
the Mayor and City Council of Baltimore located in said
street, in or adjacent to the space to be occupied by said
bridgeway, and shall also pay to the City, within 30 days
after written notice from the said Director of Public Works
of the amount due, the cost of relocating any surface struc-
tures belonging to the City made necessary by the con-
struction of said bridgeway, the judgment of the Director
of Public Works as to the work necessary to safeguard said
subsurface structures and as to the necessity of relocating
any surface structures to be final.

Sec. 12. And be it further ordained, That this ordinance
shall take effect thirty (30) days from the date of its
passage.

Approved March 28, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

206 ORDINANCES Ord. No. 994

No. 993
(Council No. 2207)

An Ordinance to add new Section 108 ( 1/2) to Article 31 of
the Baltimore City Code (1976 Edition, as amended),
title "Transit and Traffic", subtitle "Clear Streets",
designating both sides of Hanover Street between Pratt
and Lombard Streets as an impounding area.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 108 (V2) be and it is hereby
added to Article 31 of the Baltimore City Code (1976 Edi-
tion, as amended), title "Transit and Traffic", subtitle
"Clear Streets", to read as follows:

108.

(y%) Hanover Street, both sides, from Pratt Street to
Lombard Street.

Sec. 2. And be it further ordained, That this ordinance
shall take effect on its date of passage.

Approved March 28, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 994
(Council No. 2208)

An Ordinance to add new Section 116(4) to Article 31 of
the Baltimore City Code (1976 Edition, as amended),
title "Transit and Traffic", subtitle "Clear Streets",
designating both sides of President Street between Pratt
and Lombard Streets as an impounding area.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 116(4) be and it is hereby
added to Article 31 of the Baltimore City Code (1976

ORDINANCES 207

Edition, as amended), title "Transit and Traffic", subtitle
"Clear Streets", to read as follows:

116. P Streets

(U) President Street, both sides, from Pratt Street to
Lombard Street.

Sec. 2. And be it further ordained, That this ordinance
shall take effect on the date of its passage.

Approved March 28, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 995
(Council No. 2146)

An Ordinance providing for a supplementary general fund
appropriation in the amount of Seventy Five Thousand
Dollars ($75,000) to the Urban Services Agency to be
used for renovating property located at 501-503 East
Chase Street and identified as Ward 10, Section 5, Block
1180, Lot 24, in Baltimore City, in accordance with the
provisions of Article VI, Section 2(h) (3) of the Balti-
more City Charter (1964 Revision).

Whereas, the money appropriated herein represents
final payment for the Model Cities Grant from the Depart-
ment of Housing and Urban Development which has be-
come a part of the general revenue of the City in excess
of the revenues estimated and relied upon by the Board of
Estimates in determining the tax levy required to balance
the budget for the 1979 fiscal year and are therefore
available for appropriation as provided in Article VI, Sec-
tion 2(i) of the 1964 revised Charter of Baltimore City;
and

Whereas, the additional sum here appropriated is for a
new program which could not reasonably be anticipated at
the time of formulation of the proposed Ordinance of Esti-

208 ORDINANCES Ord. No. 996

mates for the 1979 fiscal year, in accordance with Article
VI, Section 2(h) (3) of said Charter; and

Whereas, the supplementary general fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
17th day of January, 1979, all in accordance with Article
VI, Section 2(h) (3) of said Charter.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2 of the 1964 revision of the Charter of Baltimore
City, the sum of Seventy Five Thousand Dollars ($75,000)
shall be made available to the Urban Services Agency of
the City of Baltimore as a supplementary general fund
appropriation for the fiscal year ending June 30, 1979 for
the purpose of rehabilitating property located at 501-503
East Chase Street, and identified as Ward 10, Section 5,
Block 1180, Lot 24 in Baltimore City. The amount thus
made available as a supplementary general fund appropria-
tion shall be expended from surplus general funds of the
Mayor and City Council of Baltimore representing final
payment for the Model Cities Grant from the Department
of Housing and Urban Development; and said funds from
said surplus shall be the source of revenue for this supple-
mentary general fund appropriation, as required by Article
VI, Section 2 of the 1964 revised Charter of Baltimore
City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved April 6, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 996
(Council No. 2202)

An Ordinance to add new Section 171A to Article 19 of
the Baltimore City Code (1976 Edition, as amended),

ORDINANCES 209

title, "Police Ordinances", subtitle "Street Regulations",
prohibiting urinating or defecating in public places and
providing penalties.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 171A be and it is hereby
added to Article 19 of the Baltimore City Code (1976 Edi-
tion, as amended), title, "Police Ordinances", subtitle
"Street Regulations", to read as follows :

171 A. Prohibited actions.

Any person who urinates or defecates on or about any
public place , WAY OR PARK or on or about the mall or
adjacent parking areas of any combination of privately
owned retail establishment commonly known as a shopping
center to which the general public is invited for business
purposes, is guilty of a misdemeanor and upon conviction
SHALL be fined not more than one hundred dollars or
imprisoned for not more than 30 days, or both fined and
imprisoned.

Sec. 2. And be it further ordained, That this ordinance
shall take effect thirty days from the date of passage.

Approved April 6, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 997
(Council No. 2209)

An Ordinance to authorize Mayor and City Council of Bal-
timore to borrow, as a limited obligation and not upon the
full faith and credit of Mayor and City Council of Balti-
more, in accordance with the Maryland Industrial De-
velopment Financing Authority Act, a sum of money not
to exceed Two Hundred Twenty-five Thousand Dollars
($225,000.00), to use such money for the purpose of de-
fraying the cost of acquiring certain real property located
at 1207 Bernard Drive, in the Crossroads Industrial

210 ORDINANCES Ord. No. 997

Center, Baltimore, Maryland, and constructing certain
improvements thereon; to lease the aforesaid real prop-
erty and improvements to Visu-Com, Inc. or to T. Joseph
Kyle and Regina W. Kyle, who will sublease the aforesaid
real property and improvements to Visu-Com, Inc.; to
execute any and all documents necessary to effectuate
and to secure payment of the aforesaid borrowing, ac-
quisition, construction and leasing; to provide that the
full faith and credit of Mayor and City Council of Balti-
more shall not be deemed to be pledged hereby ; and con-
ferring and imposing upon the Department of Housing
and Community Development certain powers and duties.

Whereas, Ordinance No. 1022, approved November 24,
1975, was enacted transferring all the duties and respon-
sibilities of Baltimore City Economic Development Commis-
sion to the Department of Housing and Community De-
velopment thereby vesting in such Department certain
powers and duties to be exercised in connection with aiding
the industrial growth of Baltimore City ; and

Whereas, Mayor and City Council of Baltimore (the
"City") has received a letter of intent dated January 8, 1979
(the "Letter of Intent") from T. Joseph Kyle and Regina
W. Kyle (the "Kyles") and VISU-COM, INC., a Mary-
land corporation (the "Company") requesting the City to
participate in the financing of the acquisition of a certain
"industrial project" to be located in Baltimore City, Mary-
land, and more particularly described in the Letter of In-
tent, by borrowing from Mercantile-Safe Deposit & Trust
Company, a Maryland banking corporation (the "Bank"),
a sum of money not to exceed Two Hundred Twenty-Five
Thousand Dollars ($225,000.00) pursuant to Sections 266 J
to 266CC, inclusive, of Article 41 of the Annotated Code of
Maryland (1978 Replacement Volume), as amended (the
"MIDFA Act") ; and

ORDINANCES 211

the purpose of defraying the cost of acquiring any indus-
trial project approved by the Maryland Industrial Develop-
ment Financing Authority ("MIDFA") ; and

Whereas, Section 266W(a) of the MIDFA Act provides
that the "industrial project" is to be acquired for a "bona
fide tenant", as evidenced by a letter of intent or similar
agreement between the prospective tenant and the munici-
pality borrowing the money ; and

Whereas, MIDFA has approved the industrial project as
described generally in the Letter of Intent and has agreed
to insure a portion of the mortgage payments (as defined in
the MIDFA Act) ; and

Whereas, the City has determined, based upon the find-
ings and determinations hereinafter set forth, that it is in
the best interests of the citizens of Baltimore, Maryland,
that the City accept the Letter of Intent, and participate in
the financing of the industrial project, as described gen-
erally in the Letter of Intent.

NOW THEREFORE, PURSUANT TO AND IN AC-
CORDANCE WITH THE PROVISIONS OF THE MIDFA
ACT:

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That it is hereby found and determined as
follows :

(a) the financing of the acquisition of the Industrial
Project (hereinafter defined) will fulfill and accomplish the
declared purpose of the MIDFA Act, which is to promote
the expansion and diversification of industry, to avoid the
relocation of industry from the State of Maryland, to in-
crease employment, and to provide a larger taxable base
for the economy of the State of Maryland, resulting in new
and expanded industrial enterprises to provide enlarged op-
portunities for gainful employment by the people of Mary-
land, and thus to insure the preservation and betterment
of the economy of the State of Maryland, and accordingly,
it is in the best interests of the citizens of Baltimore, Mary-
land, that the City participate in the financing of the ac-
quisition of the Industrial Project (hereinafter defined) ;

212 ORDINANCES Ord. No. 997

(b) as evidenced by the Letter of Intent, the Industrial
Project (hereinafter defined) is to be acquired for the Kyles
and/or the Company, and if acquired by the Kyles, is to be
subleased by them to the Company, and both the Kyles and
the Company are "bona fide tenants", as mentioned in the
MIDFA Act ; and

(c) MIDFA has approved the Industrial Project (herein-
after defined), and has agreed to insure a portion of the
mortgage payments (as defined in the MIDFA Act), upon
terms and conditions to be set forth in an Insurance Agree-
ment (the "Insurance Agreement"), to be executed by the
City, the Bank, and MIDFA, the form and substance of
which Insurance Agreement shall be approved by the Board
of Estimates of the City as hereinafter provided.

Sec. 2. And be it further ordained, That the City be and
it is hereby fully authorized and empowered to borrow from
the Bank, a sum of money not to exceed Two Hundred
Twenty-Five Thousand Dollars ($225,000.00) (the "Loan")
for a term not to exceed sixteen (16) years at the per
annum rate which is at all times equal to seven and one-
half per cent (7% % ) P e ** annum, except in the event that it
is at any time determined that such interest is for any
reason not exempt from federal income taxes. If at any
time it is determined that such interest is not exempt from
federal income taxes, the rate of interest payable on the
Loan shall be increased to a rate not to exceed 11% per
annum. Interest shall be calculated on the basis of a 360-day
year factor applied to actual days elapsed.

Sec. 3. And be it further ordained, That the City use the
proceeds of the Loan for the purpose of defraying the cost
of (a) acquiring (by negotiation and not by eminent
domain) the real property located at 1207 Bernard Drive,
in the Crossroads Industrial Center, Baltimore, Maryland
(the "Premises"), and (b) constructing' certain improve-
ments thereon for use by the Kyles and the Company in
connection with their business operations (the "Improve-
ments"), (the Premises and Improvements being herein-
after sometimes collectively referred to as the "Industrial
Project").

ORDINANCES 213

Sec. 4. And be it further ordained, That the City lease the
Industrial Project to the Company or to the Kyles (to be
subleased by the Kyles to the Company), pursuant to the
terms and provisions of a lease agreement to be entered
into between the City and the Company or the Kyles, as
the case may be (the "Lease"), the form and content of
such Lease to be approved by the Board of Estimates as
hereinafter provided. If the Industrial Project is leased to
the Kyles, the Kyles will, simultaneously with the execution
and delivery of the Lease, sublease the Industrial Project to
the Company.

Sec. 5. And be it further ordained, That, as described
generally in the Letter of Intent and as contemplated by the
MIDFA Act:

(a) the Loan will be secured by a Deed of Trust covering
the Industrial Project, executed by the City without in any
event pledging its full faith and credit, and will be repaid
by the City solely from the revenue derived from rental
payments to be made by the Kyles and/or the Company to
the City pursuant to the Lease and from any other source
permitted by the MIDFA Act and approved by the City,
the Kyles, the Company and the Bank ;

(b) the Kyles or the Company will make rental payments
under the Lease (and if the Industrial Project is subleased
to the Company, the Company will make rental payments
under the Sublease) sufficient to pay (i) the principal of
and interest on the Loan, (ii) all taxes and payments in
lieu of taxes, and (iii) any expenses incurred by the City
in connection with the administration of the Loan, all as
the same become due and payable ; and

(c) any costs of acquiring the Industrial Project in
excess of the proceeds of the Loan will be paid by the Kyles
and/or the Company.

Sec. 6. And be it further ordMned, That the City will not
incur any liability, direct or indirect, or any cost, direct or
indirect, in connection with the aforesaid borrowing or the
acquisition of the Industrial Project, and the Industrial
Project will be acquired so as to conform to the require-
ments of the Kyles and the Company; accordingly, the

214 ORDINANCES Ord. No. 997

Kyles and/or the Company shall (i) select and work with
the suppliers and contractors which will provide, construct,
and improve the Industrial Project, and will negotiate and
approve all contracts, construction plans, specifications, and
all financing arrangements in connection with the acquisi-
tion of the Industrial Project, and (ii) pay all necessary
costs incurred by or on behalf of the City in connection
with the aforesaid financing, including the administration
thereof, and in connection with the acquisition of the In-
dustrial Project, including (without limitation) all costs
incurred in connection with the development of the appro-
priate legal documents necessary to effectuate the proposed
financing and acquisition, including (without limitation)
the fees of legal counsel, and compensation to any other
person (other than full-time employees of the City) per-
forming services by or on behalf of the City in connection
with the transactions contemplated by this Ordinance,
whether or not the proposed financing and acquisition are
consummated.

Sec. 7. And be it further ordained, That in connection
with the borrowing and the acquisition, construction and
leasing described in this Ordinance, the Mayor of the City
of Baltimore is hereby authorized and empowered :

(i) to accept the Letter of Intent, the form and sub-
stance of which shall be approved by the Board of Estimates
as hereinafter provided, in order to indicate the commit-
ment of the City to participate in the financing of the ac-
quisition of the Industrial Project;

(ii) to execute and deliver a Deed of Trust by and be-
tween the City and certain trustees selected by the Bank, as
security for the Loan, the form and substance of which shall
be approved by the Board of Estimates as hereinafter pro-
vided ;

(iii) to execute and deliver the City's Deed of Trust Note
in the principal amount not to exceed Two Hundred Twenty-
Five Thousand Dollars ($225,000.00), as evidence of the
Loan, the form and substance of which shall be approved by
the Board of Estimates as hereinafter provided ;

(iv) to execute and deliver the Lease, the form and sub-
stance of which shall be approved by the Board of Estimates

ORDINANCES 215

as hereinafter provided, pursuant to which the proceeds
of the Loan will be disbursed as the acquisition and con-
struction of the Industrial Project progresses, and an
Assignment of Lease from the City to the Bank, the form
and substance of which shall be approved by the Board of
Estimates as hereinafter provided ;

(v) to execute and deliver the Insurance Agreement, the
form and substance of which shall be approved by the Board
of Estimates as hereinafter provided ; and

(vi) to execute such other documents, instruments and
certificates as are necessary or appropriate to consummate
such acquisition, construction and leasing, including, but
not limited to, any and all necessary financing statements,
the form and substance of which shall be approved by the
Board of Estimates as hereinafter provided.

Sec. 8. And be it further ordained, That, notwithstanding
anything contained in this Ordinance or in any document
authorized herein to be executed, or the execution and de-
livery of any document authorized herein, neither the full
faith and credit nor the taxing power of the City shall be
deemed to be pledged hereby, and the City shall at no time
be required to exercise its taxing power in order to imple-
ment the transactions authorized hereby. Nothing con-
tained in this Ordinance shall be deemed or construed in
any way to create or constitute a debt of the City within
the meaning of any constitutional, statutory or other debt
limitation provision, or to constitute any act or purpose
other than that contemplated by the MIDFA Act. Neither
the Loan to be made to the City by the Bank nor the interest
thereon shall ever constitute an indebtedness or a charge
against the general credit or taxing powers of the City,
within the meaning of any constitutional or charter provi-
sions or statutory limitation, and neither shall ever con-
stitute or give rise to any pecuniary liability of the City.

Sec. 9. And be it further ordained, That the terms and
provisions and form and substance of any and all docu-
ments and instruments to be executed or entered into by
the City in connection with the transactions authorized by
this Ordinance, other than customary closing certificates
and documents, shall be approved by the Board of Estimates

216 ORDINANCES Ord. No. 998

of the City prior to the execution and delivery thereof by
the Mayor of the City.

Sec. 10. And be it further ordained, That the Department
of Housing and Community Development is hereby fully au-
thorized and empowered for the purpose of this Ordinance
only:

(a) To promote, make investigations, conduct prelimi-
nary negotiations, and do any and all other things necessary
and proper to expedite the consummation of the transac-
tions authorized by this Ordinance, all pursuant and subject
to the provisions of the Charter of Baltimore City ; and

(b) After the transactions authorized by this Ordinance
have been fully consummated, the Department of Housing
and Community Development shall do any and all other
things necessary, proper or expedient to assure the full
performance by the Kyles and the Company of any and all
of the terms and provisions in any and all agreements
entered into by the City and the Kyles and/or the Com-
pany, all of which shall be subject to the provisions of the
Charter of Baltimore City.

Sec. 11. And be it further ordained, That this Ordinance
is passed, and the Letter of Intent is to be accepted, as
official action by the City for the purpose of materially in-
ducing the Kyles and the Company to pursue the transac-
tion described in the Letter of Intent.

Sec. 12. And be it further ordained, That this Ordinance
shall take effect from the date of its passage.

Approved April 6, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 998
(Council No. 2210)

An Ordinance providing for a supplementary special loan
fund appropriation in the amount of Two Hundred

ORDINANCES 217

Twenty-five Thousand Dollars ($225,000) to the Depart-
ment of Housing and Community Development to be used
for property acquisition and improvement under the
Maryland Industrial Development Financing Authority
and City Ordinance No , in accordance with the pro-
visions of Article VI, Section 2(h) (3) of the Baltimore
City Charter (1964 revision).

Whereas, Article 41, Section 266J and 266CC inclusive,
of the Annotated Code of Maryland, as amended, created
and amended the Maryland Industrial Development Financ-
ing Authority, hereinafter called "MIDFA", and vested in
it certain powers and duties in connection with the preser-
vation and betterment of the economy of the State, au-
thorizes any municipality of the State to borrow money
without pledging its full faith and credit, and to execute
a mortgage as security therefore, and use such money to
defray the cost of acquiring an industrial project, including
land, buildings, and equipment, either by purchase or con-
struction, after the adoption of an ordinance by the legis-
lature of the municipality to do so ; and

Whereas, the money appropriated herein represents
the proceeds of an Industrial Development Loan fully ap-
proved and partially guaranteed by the Maryland Industrial
Development Financing Authority; and

Whereas, Ordinance No provides a sum of money

not to exceed Two Hundred Twenty-five Thousand Dollars
($225,000) for the acquisition and improvement of property
located at 1207 Bernard Drive in Baltimore City; and

Whereas, Ordinance No provides for the leasing

of the aforementioned property to Visu-com, Inc or to T.
Joseph Kyle and Regina W. Kyle to be used in connection
with their business operations ; and

Whereas, the Industrial Development Loan represents
a material change in circumstances since the adoption of the
1978-1979 Ordinance of Estimates ; and

Whereas, the supplementary special loan fund appropri-
ation ordained herein has been recommended to the City
Council by the Board of Estimates, said recommendation
having been made at a regular meeting of said Board held

218 ORDINANCES Ord. No. 999

on the 14th, day of February, 1979, all in accordance with
Article VI, Section 2(h) (3) of the 1964 revised Charter of
Baltimore City.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (3) of the 1964 revision of the Charter of Balti-
more City, the sum of Two Hundred Twenty-five Thousand
Dollars ($225,000) shall be made available to the Depart-
ment of Housing and Community Development of the City
of Baltimore as a supplementary special loan fund appro-
priation for the fiscal year ending June 30, 1979 for the
purpose of acquiring and improving property located at
1207 Bernard Drive in Baltimore City. The amount thus
made available as a supplementary special loan fund appro-
priation shall be expended from an Industrial Development
Loan which shall be the source of revenue for this supple-
mentary special loan fund appropriation, as required by
Article VI, Section 2(h) (3) of the 1964 revised Charter of
Baltimore City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved April 6, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 999
(Council No. 1691)

An Ordinance to add new Section 156 to Article 31 of the
Baltimore City Code (1976 Edition), title "Transit and
Traffic," subtitle "Commissioner of Transit a»4 Traffic,"
TO COME UNDER THE NEW SUBTITLE "RESI-
DENTIAL PERMIT PARKING PROGRAM", establish-
ing a Residential Permit Parking Program and relating
generally thereto.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, that new Section 156 be and it is hereby

ORDINANCES 219

added to Article 31 of the Baltimore City Code (1976 Edi-
tion), title "Transit and Traffic," subtitle "Commission e r of
Tran s it a»4 Traffic," TO COME UNDER THE NEW SUB-
TITLE "RESIDENTIAL PERMIT PARKING PRO-
GRAM", to read as follows:

156. Residential Permit Parking Program

A . Preamble

The Mayor and City Council finds and declares that seri-
ous adverse effects CONDITIONS in certain areas and
neighborhoods of the City of Baltimore result from motor
vehicle congestion, particularly long-term parking of motor
vehicles on the streets of such areas and neighborhoods by
non-residents thereof. The permit parking program herein
established is intended to reduce hazardous traffic condi-
tions resulting from the use of streets within these areas
or neighborhoods by non-residents; to protect these areas
and neighborhoods from polluted air, and also thereby
assist in the attainment of national ambient air quality
standards as required by the 1977 Amendments to the
Clean Air Act of 1970; to protect these areas from exces-
sive noise, m+d trash and refuse caused by the entry of
such vehicles; to protect the residents of these areas from
unreasonable burdens in gaining access to their residences;
to preserve the character of those areas as residential dis-
tricts; to preserve the value of the property in those dis-
tricts; and to preserve the safety of children and other
pedestrians and for the peace, good order, comfort, con-
venience and welfare of the inhabitants of the City.

B. Definitions

For the purposes of this Section the following terms shall
have the meanings listed below:

1. " Residential area of- OR district" shall mean a con-
tiguous or nearly contiguous area containing public streets
and highways or parts thereof primarily abutted by resi-
dential property or residential and non-business property
including but not limited to schools, parks, churches, hos-
pitals, and nursing homes, AND WITHIN AN AREA
ZONED AS A RESIDENCE DISTRICT;

220 ORDINANCES Ord. No. 999

2. "Residential Permit Parking Program Area" shall
mean a residential area designated as herein provided
wherein resident vehicles displaying a valid permit as de-
scribed herein shall be exempt from parking time restric-
tions established pursuant to this Article;

3. "Motor vehicle" shall include mi automobile) truck>
motorcycle op other motor - driven form of transportation
not in excess o/ 6,000 pounds gross weight "MOTOR VE-
HICLE" SHALL MEAN A VEHICLE LICENSED AS A
PRIVATE PASSENGER CAR OR A MOTORCYCLE
INCLUDING ALL VEHICLES DESIGNATED AS MUL-
TIPURPOSE PASSENGER VEHICLES UNDER THE
TRANSPORTATION ARTICLE OF THE ANNOTATED
CODE OF MARYLAND;

U. "Household" shall all mean all persons occupying a
single housing unit (house, apartment, group of rooms, or
single room intended for occupancy as separate living
quarters) ;

5. A "block face" shall refer to all of the properties on
one side of a given street existing betiveen two consecutive
intersecting streets.

6. "Influence area" shall mean the area surrounding a
non - residential facility in which it could reasonably be ex-
pected that non-resident motor vehicle owners or operates
OPERATORS using the facility ivoidd seek parking spaces.

7. "Parking Management Plan" shall refer to a method
specifically designed to address the identified parking needs
of a clearly defined area through use of techniques such as a
Residential Permit Parking Program, parking time restric-
tions, special meter zones, and one-way street patterns;

8. "Peak period" shall mean that time interval BE-
TWEEN THE HOURS OF 7 A.M. AND 7 P.M. ON
WEEKDAYS during which the highest percentage of
overall RESIDENT AND NON-RESIDENT parking utili-
zation as well as non-resident parking UTILIZATION
occurs.

C. Procedure for Designating Residential Permit
Parking Areas

ORDINANCES 221

There is established a Residential Permit Parking Pro-
gram designed to meet these needs which shall be available
to all qualified residential areas or neighborhoods of the
City which are zoned fw residential use. In order to qualify
for the Program such areas or neighborhoods must meet
the criteria set forth herein or any additional criteria to be
established by the Commissioner of Transit and Traffic
under his charter rule-making powers and consistent with
the objective guidelines and standards of this ordinance.
Such areas shall be established only after a successful com-
pletion of the procedure outlined herein. This procedure
shall be as folloivs:

1. Petition

In order to be considered for a Residential Permit Park-
ing Program, a neighborhood group, group of residents or
community association must submit a petition to the Com-
missioner of Transit and Traffic (The Commissioner) con-
taining the signature of an adult member of at least sixty
(60) percent of the households in the residential area. Peti-
tions will only be considered for areas which contain at
least ten (10) adjacent block faces or one hundred (100)
curb parking spaces. Petitions from smaller areas shall be
considered if the area is completely surrounded by com-
mercial, industrial or institutional uses. The boundaries of
and the streets within the proposed permit parking area
must be clearly identified on each page of the petition. A
cover letter explaining the reason for the request and con-
taining the boundaries of streets ivithin the proposed permit
parking area should accompany the petition.

2. Parking Study

Upon receipt of a valid petition, the Commissioner shall
request the Department of Planning to conduct a parking
study within, but not limited to, the area identified in the
petition. Additional areas may be included in the survey to
cover other known ADJACENT AREAS OF parking con-
gestion nearby and the "influence areas'' of known parking
CONGESTION generators.

A Residential Permit Parking Program will be considered
further if the results of the study demonstrate tluit both of
the following criteria are satisfied:

222 ORDINANCES Ord. No. 999

a. At least 80% of the curb parking spaces in an adja-
cent ten (10) block area or area containing NOT LESS
THAN one hundred (100) curb parking spaces were util-
ized during peak periods. The area identified need not
coincide with the boundaries of the area identified in the
petition if the study area was expanded to include known
parking congestion nearby.

b. AT LEAST 25% of the curb parking spaces in the
area identified in (a) above were utilized by non-resident
parkers who were parked for two (2) or more hours.

The Department of Planning shall transmit a formal re-
port on the results of the parking study to the Commis-
sioner.

3. Parking Management Plan

The Commissioner shall use the results of the parking
study to design a Parking Management Plan designed to
solve the identified problem. Special attention will be given
to the definition of a permit area boundary and to the
impact upon various population groups in designing the
Parking Management Plan. Alternatives to a Residential
Permit Parking Program including, but not limited to,
parking time limits, special meter zones, one ivay streets,
and alternate side of the street parking will be considered^.
especially if the survey criteria were not satisfied,

The Commissioner shall transmit the proposed Parking
Management Plan to the Department of Planning for re-
view. If there are special districts, historic areas or other
special designations in or near the area proposed to be
covered by the Parking Management Plan, the Department
of Planning shall notify the appropriate City agencies for
their comments.

All comments shall be returned to the Commissioner
within thirty (80) days.

Jf. Public Information Meeting

The Commissioner shall present the Parking Management
Plan at a public meeting held in accordance with a formal
set of procedures to obtain public response to the proposed
plan. The notice of a public meeting shall be published once

ORDINANCES 223

in tme neivspapers ef general circulation in the City THE
CITY JOURNAL at least one week prior to the meeting
date. Written notice of the public information meeting
shall be sent to the Mayor and members of the City Coun-
cil, City agencies affected by the plan and any community
organizations representing the affected area.

The Commissioner may, at his discretion, seek additional
neighborhood comment on the proposed plan before a de-
cision is- made on the final version of the Parking Manage-
ment Plan. He may also consult with members of the City
Council.

5. Plan Adoption

The Commissioner shall issue an Administrative Regula-
tion setting forth a Residential Permit Parking Program or
other Parking Management Plan either of which may in-
corporate amendments suggested durvng the public meet-
ings, and the Commissioner shall publish this Regulation
once in twe newspapers ef general circulation in the G&y
THE CITY JOURNAL. The Administrative Regulation
creating a Residential Permit Parking Program or other
Parking Management Program resulting from this process
shall be effective for a period of six months.

The Administrative Regulation establishing a Residential
Permit Parking Program or other Parking Management
Plan may be made permanently effective by the Commis-
sioner giving notice not less than thirty (30) FIFTEEN
(15) days prior to the expiration of the six month period
to the President of the City Council . and te the Chairman
ef the Highivays and Franchise Committee of the QUy-
Council, If no written objection to the Administrative
Regulation is made by the President ANY TWO MEM-
BERS of the City Council REPRESENTING THE AF-
FECTED AREA ev the Chairman ef the Highioays and
Franchise Committee and forwarded to the Commissioner
within the SO- 15 day period, the Regulation shall cease to
be temporary and become permanently effective at the end
of the aforementioned six month period. If such a written
objection is received by the Commissioner, an ordinance,
setting forth the provisions of the Administrative Regula-
tion shall be introduced by the City Council President and

224 ORDINANCES Ord. No. 999

depending upon the passage or failure of the ordinance,
the Administrative Regulation shall become permanently
effective in accordance with the terms of the ordinance or
be of no further force or effect.

At any time after an Administrative Regulation is issued,
the Mayor and City Council may by ordinance direct the
Commissioner to rescind or amend the Administrative Regu-
lation creating a Residential Permit Parkimg Program or
other Parking Management Plan, and at the time when
such an ordinance shall become effective, the Administrative
Regulation shall be so rescinded or amended.

D. HOURS OF OPERATION.

THE HOURS DURING WHICH PARKING IS RE-
STRICTED IN RESIDENTIAL PERMIT PARKING
PROGRAM AREAS SHALL BE 7 A.M. TO 7 P.M.
WEEKDAYS ONLY. PARKING SHALL BE LIMITED
TO TWO HOURS DURING THIS PERIOD EXCEPT FOR
PERMIT HOLDERS.

£t E. Permits and Fees

A residential parking permit shall be issued upon pay-
ment of a reasonable annual fee which shall be charged for
each eligible motor vehicle withim a designated Residential
Permit Parking Program area when a permit is requested
by the vehicle owner. The permit fees collected shall be wp-
pliod &> COVER the cost of the operation and administra-
tion of the Program. The minimum fee shall be ten dollars
($10) FIVE DOLLARS ($5) per year for each permit and
may be adjusted by the Commissioner based on expenses
for the operation of the program. PERMIT FEES SHALL
NOT BE REFUNDED. The Commissioner may at his dis-
cretion make provisions for the issuance of temporary
parking permits to bona fide visitors of residents of a des-
ignated Residential Permit Parking Program Area.

Sr F. Administration of Program

This section shall be administered by the Commissioner
of Transit and Traffic in accordance with the rules and
regulations that the Commissioner may issue.

ORDINANCES 225

ft G. Modifications to Permit Programs

An established Residential Permit Parking program
may be modified by the Commissioner at any time in ac-
cordance with the following procedures:

1. Minor changes such as the addition or elimination of
a block face may be made by the Commissioner after consul-
tation with the residents of the block.

2. Major changes, such as the addition or elimimation of
two or more block faces or the termination of the program,
must be presented at a public meeting. The City Council
tvill also be notified of the intended changes and, if ivithin
the 30 days following the public meeting and notice to
Council and m the absence of- opposition by- a majority ef
the members of the Gtty Council A MAJORITY OF THE
MEMBERS OF THE COUNCIL DOES NOT OPPOSE
THE CHANGES, the recommended changes shall be made
permanent by the Commissioner. The mews expressed o&

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V ftu [J \A>\J VV \J I iVKJ\sVV I V\J W VVV |LUU*J U \J \J \^\J I VfJ ViAJyJ I f IVI

This section does not change the right of the City Coun-
cil to, by ordmance, direct the Commissioner to rescind or
amend the Administrative Regulation which establishes the
Residential Permit Parking Program or other Parking Man-
agement Program or the right of the Commissioner to termi-
nate the Program at any time within the six months period
or at the end of the trial period if evidence shows the pro-
gram is not solvvng the parking problem cited in the original
petition for a Residential Permit Parking Program.

SEC. 2. BE IT FURTHER ORDAINED, THAT THE
PROVISIONS OF THIS ORDINANCE SHALL NOT
APPLY TO ANY RESIDENTIAL PERMIT PARKING
AREA ESTABLISHED UNDER AN ADMINISTRATIVE
REGULATION OF THE COMMISSIONER OF TRAN-
SIT AND TRAFFIC BEFORE THE EFFECTIVE DATE
OF THIS ORDINANCE.

SEC. 3. AND BE IT FURTHER ORDAINED, THAT
NOTHING IN THIS ORDINANCE SHALL APPLY TO
AUTHORIZED EMERGENCY VEHICLES, TO VE-
HICLES OWNED OR OPERATED BY PUBLIC SERV-
ICE COMPANIES AS DEFINED IN SECTION 2 (0)

226 ORDINANCES Ord. No. 1000

OF ARTICLE 78 OF THE ANNOTATED CODE OF
MARYLAND (1975 REPLACEMENT VOLUME) WHILE
SUCH VEHICLES ARE ENGAGED IN CONSTRUC-
TION OR REPAIR SERVICES ASSOCIATED WITH
SUPPLYING NECESSARY SERVICE TO THEIR CUS-
TOMERS.

SEC. & 4. AND BE IT FURTHER ORDAINED, THAT
THE PROVISIONS OF THIS ORDINANCE ARE HERE-
BY DECLARED TO BE SEVERABLE. IF ANY WORD,
PHRASE, CLAUSE, SENTENCE, PARAGRAPH, SEC-
TION OR PART IN OR OF THIS ORDINANCE OR THE
APPLICATION THEREOF TO ANY PERSON, CIR-
CUMSTANCE OR THING IS DECLARED INVALID
FOR ANY REASON WHATSOEVER, THE REMAIN-
ING PROVISIONS AND THE APPLICATION OF SUCH
PROVISIONS TO OTHER PERSONS, CIRCUM-
STANCES OR THINGS SHALL NOT BE AFFECTED
THEREBY BUT SHALL REMAIN IN FULL FORCE
AND EFFECT, THE MAYOR AND CITY COUNCIL
HEREBY DECLARING THAT THEY WOULD HAVE
ORDAINED THE REMAINING PROVISIONS OF THIS
ORDINANCE WITHOUT THE WORD, PHRASE,
CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART, OR THE APPLICATION THEREOF, SO HELD
INVALID.

Sec. 2t 5. Be it further ordained, that this ordinance
shall take effect thirty days from date of passage.

Approved April 9, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1000
(Council No. 1346)

An Ordinance to amend Sheet No. 7 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966 Edi-
tion), title "Zoning," (Ordinance No. 1051, approved

ORDINANCES 227

April 20, 1971) by changing from the R-l Zoning District
to the R-£ R-4 Zoning District, the property located on
the southwest corner of Loch Raven Boulevard and Glen-
eagle Road, as outlined in red on the AMENDED plats
accompanying this ordinance.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 7 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966 Edi-
tion), Title "Zoning," (Ordinance No. 1051, approved
April 20, 1971) be and it is hereby amended by changing
from the R-l Zoning District to the R-S R-4 Zoning Dis-
trict, the property located on the southwest corner of Loch
Raven Boulevard and Gleneagle Road, as outlined in red on
the AMENDED plats accompanying this ordinance.

Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to the
following : the Board of Municipal and Zoning Appeals, the
Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development and the
Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved April 11, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1001
(Council No. 2211)

An Ordinance authorizing and empowering the Mayor and
City Council of Baltimore (the "City") to issue, sell and

228 ORDINANCES Ord. No. 1001

deliver its industrial development revenue bonds, desig-
nated "Baltimore City, Maryland Industrial Development
Revenue Bonds (M & M Properties Project), 1979 Ser-
ies", in the aggregate principal amount not to exceed
$275,000 (the "Bonds"), pursuant to the provisions of
Sections 266A to 266-1, inclusive, of Article 41 of the
Annotated Code of Maryland (1978 Replacement Vol-
ume), as amended, in order to loan the proceeds thereof
(the "Loan") to M & M Properties Partnership, a Mary-
land partnership, (the "Borrower"), for the sole and ex-
clusive purpose of financing the acquisition by the Bor-
rower of a certain industrial building in Baltimore City
as provided in this Ordinance ; authorizing the Mayor of
the City to accept, on behalf of the City, the Borrower's
letter of intent to the City dated November 30, 1978, as
supplemented by a second letter of November 30, 1978
and a third letter dated February 6, 1979 ; making certain
legislative findings, among others, concerning the public
benefit and purpose of the Bonds; providing that the
Bonds and the interest thereon shall be limited obliga-
tions of the City, repayable by the City solely from the
revenue derived from loan repayments (both principal
and interest) made to the City on account of the loan and
from any other moneys made available to the City for such
purpose, and that neither the Bonds nor the interest
thereon shall ever constitute an indebtedness or a charge
against the general credit or taxing powers of the City
within the meaning of any constitutional or charter pro-
vision or statutory limitation and that neither shall ever
constitute or give rise to any pecuniary liability of the
City; authorizing the private (negotiated) sale of the
Bonds ; prescribing the rate or rates of interest the Bonds
are to bear, the form, tenor, terms and conditions of and
security for the Bonds and the terms and conditions under
which the Bonds may be called for redemption prior to
their stated maturity; authorizing and empowering the
Board of Finance of the City (the "Board"), prior to the
issuance, sale and delivery of the Bonds, to adopt a resolu-
tion pursuant to which the Board shall (1) prescribe
the final form, tenor, terms and conditions of and security
for the Bonds, (2) prescribe the actual amounts, denomi-
nations, date, actual maturity or maturities (within
the limits herein prescribed) and the place or places of

ORDINANCES 229

payment of the Bonds, and the final terms and conditions
and details under which the Bonds may be called for
redemption prior to their stated maturity, (3) appoint
a Trustee and a paying agent or agents for the Bonds, (4)
approve the form and contents, and authorize the execu-
tion and delivery (where applicable), of (a) a Loan
Agreement between the Borrower and the City, (b) a
Trust Agreement between the City and such Trustee, (c)
a Deed of Trust from the Borrower to certain individual
Trustees as security for the loan, (d) a Guaranty Agree-
ment between the Borrower and such Trustee, and (e)
such other documents including (without limitation)
mortgages, deeds of trust, guaranties and security instru-
ments as the Board shall deem necessary to effectuate the
issuance, sale and delivery of the Bonds, (5) to determine
the time of execution, issuance, sale and delivery of the
Bonds and to prescribe any and all other details of the
Bonds, (6) to provide for the direct payment by the Bor-
rower of all costs, fees and expenses incurred by or on
behalf of the City in connection with the issuance, sale and
delivery of the Bonds, (7) to provide for the issuance and
sale (subject to the passage at the time of an appro-
priate ordinance authorizing the same) of one or more
series of additional Bonds and one or more series of
refunding Bonds, and (8) to do any and all things, and
to authorize the officials of the City to do any and all
things, necessary, proper or expedient in connection with
the issuance, sale and delivery of the Bonds ; and gen-
erally providing for and determining various matters and
details in connection with the authorization, issuance,
security, sale and payment of the Bonds.

RECITALS

Sections 266A to 266-1, inclusive, of Article 41, of the
Annotated Code of Maryland (1978 Replacement Vol-
ume), as amended, (the "Act") empower all the counties
and municipalities of the State of Maryland to issue
revenue bonds and to loan the proceeds of the sale of such
revenue bonds to an industrial concern to finance the ac-
quisition (as defined in the Act) by such industrial con-
cern of any industrial building (as defined in the Act).
The Act declares it to be the legislative purpose to re-

230 ORDINANCES Ord. No. 1001

lieve conditions of unemployment in the State of Mary-
land, to encourage the increase of industry and a balanced
economy in the State of Maryland, to assist in the re-
tention of existing industry in the State of Maryland
through the control, reduction or abatement of pollution
of the environment (where proceeds of the bonds are
used for that purpose) , to promote economic development,
to protect natural resources and in this manner to pro-
mote the health, welfare and safety of the residents of
each of the counties and municipalities of the State of
Maryland.

Mayor and City Council of Baltimore (the "City") has re-
ceived a letter of intent dated November 30, 1978, as sup-
plemented by a second letter of November 30, 1978, and a
third letter dated February 6, 1979, (collectively the
"Letter of Intent") from M & M Properties Partnership,
a Maryland partnership (in which Michael R. Cataneo
and Michael P. Cataneo are the sole partners) and an
industrial concern as mentioned in the Act (the "Bor-
rower"), pursuant to which the Borrower has requested
the City to participate in the financing of the acquisition
by the Borrower of an industrial building (within the
meaning of the Act) to be located in Baltimore City,
Maryland (the "Industrial Building"), by the issuance
and sale by the City of its Baltimore City, Maryland
Industrial Development Revenue Bonds (M & M Prop-
erties Project), 1979 Series, in the aggregate principal
amount not to exceed $275,000 (the "Bonds"), and by
loaning the proceeds of the Bonds to the Borrower upon
the terms and conditions of a loan agreement to be entered
into between the City and the Borrower (the "Loan
Agreement"), as permitted by the Act (such loan being
herein referred to as the "Loan") .

The Industrial Building will consist generally of certain
real property located at the southeast corner of Hudson
Street and Kenwood Avenue in Baltimore City, and the
construction, rehabilitation, remodeling, extension and
improvement on and of such real property of and for a
combination office and garage complex containing approx-
imately 2,400 square feet of office space, 1,500 square feet
of shell space for future expansion, and 3,600 square feet
of garage and employee space.

ORDINANCES 231

The Loan Agreement will require the Borrower (a) to
use the proceeds of the Bonds solely to finance the ac-
quisition of the Industrial Building, and (b) to make
Loan payments which will be sufficient to enable the City
to pay the principal of and interest and premium, if any,
on the Bonds when and as the same shall become due
and payable.

As security for the Bonds, the City will enter into a trust
agreement (the 'Trust Agreement") with a corporate
trustee (the "Trustee") to be appointed by the Board
of Finance of the City (the "Board") by a resolution (the
"Resolution") to be adopted by the Board prior to the
issuance, sale and delivery of the Bonds. Pursuant to the
Trust Agreement the City will assign to the Trustee
(among other things) (a) all of the City's right, title
and interest in and to and remedies under the Loan
Agreement, including (without limitation) any and all
collateral referred to therein, excepting only the right of
the City to indemnification by the Borrower and to pay-
ments to the City for expenses incurred by the City itself,

(b) the receipts and revenues of the City from the Loan,

(c) all of the City's right, title and interest in and to and
remedies under the Deed of Trust (as defined in this Ordi-
nance), (d) certain moneys which are at any time or
from time to time on deposit with the Trustee, (e) all
right, title and interest in and to and remedies with
respect to any and all other property of every description
and nature from time to time by delivery or by writing
of any kind conveyed, pledged, assigned or transferred, as
and for additional security for the Bonds, by the City or
by anyone on its behalf or with its written consent, to
the Trustee, and (f) all of the City's right, title and
interest in and to and remedies under such other docu-
ments, including (without limitation) mortgages, deeds
of trust, guaranties and security instruments as the
Board shall deem necessary to effectuate the issuance,
sale and delivery of the Bonds and which the Board shall
approve by the adoption of the Resolution.

As security for the Loan, the Borrower will execute and
deliver a Deed of Trust (the "Deed of Trust") to indi-
vidual trustees to be designated by the original pur-
chasers of the Bonds, which will convey to such trustees

232 ORDINANCES Ord. No. 1001

the Industrial Building, including the land and other
improvements appurtenant thereto.

The Borrower will execute and deliver to the Trustee a
Guaranty Agreement (the " Guaranty"), pursuant to
which the Borrower will fully and unconditionally and
irrevocably guarantee to the Trustee for the benefit of
the holders of the Bonds (among other things) the full
and prompt payment of the principal of and interest on
the Bonds when and as the same shall become due and
payable.

As evidenced by the Letter of Intent, the Industrial Build-
ing is to be acquired by a bona fide tenant or purchaser
within the meaning of the Act.

The Bonds will be sold at private (negotiated) sale.

NOW THEREFORE, IN ACCORDANCE WITH THE
ACT:

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That acting pursuant to the Act, it is hereby
bound and determined as follows :

(1) The issuance and sale of the Bonds by the City
pursuant to the Act in order to lend the proceeds thereof to
the Borrower for the sole and exclusive purpose of financing
the acquisition (within the meaning of the Act) by the
Borrower of the Industrial Building will facilitate and
expedite the acquisition of the Industrial Building by the
Borrower.

(2) The acquisition of the Industrial Building by the
Borrower and the financing thereof as provided in this
Ordinance will promote and materially contribute to the
declared legislative purposes of the Act, as set forth in Sec-
tion 266B(b) thereof, by: (a) sustaining jobs and employ-
ment, thus relieving conditions of unemployment in the
State of Maryland and in Baltimore City; (b) encouraging
the increase of industry and the creation of a balanced
economy in the State of Maryland and in Baltimore City;
(c) assisting in the retention of existing industry in the
State of Maryland and in Baltimore City; (d) promoting
economic development; and (e) promoting the health, wel-

ORDINANCES 233

fare and safety of the residents of the State of Maryland
and Baltimore City.

(3) In addition to authorizing the City itself to acquire
the Industrial Building and either to lease or to sell the
same to the Borrower, the Act, as an alternative procedure,
also authorizes industrial building financing to be accom-
plished in the form of a loan by the City to the Borrower.
The loan w form of transaction avoids indirect costs and
burdens on the City by not requiring any direct involve-
ment by the City in the acquisition, ownership or admin-
istration of the Industrial Building, while permitting ample
controls to be imposed on the use of the proceeds of the
Bonds to insure that the public purposes of the Act and the
Bonds are fully accomplished. It is, therefore, in the best
interests of the citizens of the City to finance the acquisi-
tion of the Industrial Building by a loan to the Borrower.
This Ordinance contemplates and authorizes a transaction
in the form of a loan of the proceeds of the Bonds by the
City to the Borrower, rather than a transaction in the form
of a lease or sale of the Industrial Building. Accordingly,
this Ordinance, together with the Resolution, the Trust
Agreement and the Loan Agreement authorized hereby, and
the other documents referred to herein, contains, or shall
contain, such provisions as the City deems appropriate to
effect the financing of the acquisition by the Borrower of
the Industrial Building by the loan form of transaction.

234 ORDINANCES Ord. No. 1001

provided in the Trust Agreement to be approved by the
Board in the Resolution. No such moneys will be commin-
gled with the City's funds or will be subject to the ab-
solute control of the City, but will be subject only to such
limited supervision and checks as are deemed necessary or
desirable by the City to insure that the proceeds of the
Bonds are used to accomplish the public purposes of the
Act and this Ordinance. The transactions authorized hereby
do not constitute any physical public betterment or improve-
ment or the acquisition of property for public use or the
purchase of equipment for public use. The public purposes
expressed in the Act are to be achieved by facilitating the
acquisition of the Industrial Building by the Borrower.

(5) The City will acquire no interest in the Industrial
Building other than (a) any general interest in the Bor-
rower's property shared by all holders of the Borrower's
obligations which rank and are secured equally with the
Borrower's obligations pursuant to the Loan Agreement
and the Guaranty, (b) the lien and security interest
created by the Deed of Trust and by the Loan Agreement,
and (c) any interest created by any other mortgage or
deed os OF trust or other security instrument executed and
delivered by the Borrower or any third party as security
for the Loan as the Board may provide for and approve in
the Resolution. The security for the Bonds shall be solely
and exclusively (a) the absolute, irrevocable and uncon-
ditional obligations of the Borrower to make the payments
required by the Loan Agreement, (b) moneys realized from
the liquidation of the lien and security interest created by
the Deed of Trust and the Loan Agreement and of any other
lien or security interest created with respect to any prop-
erty as security for the Loan or the Bonds as the Board may
provide for and approve in the Resolution, and (c) moneys
realized from the Guaranty and from any other guaranty of
the Bonds or of the Loan as the Board may provide for and
approve in the Resolution.

(6) None of the revenues derived by the City from the
Loan Agreement shall be set aside as a depreciation ac-
count (mentioned in the Act). Such depreciation account
would (a) be inconsistent with the transaction authorized
hereby, and (b) place an unreasonable burden on the
Borrower so as to adversely affect the feasibility of the

ORDINANCES 235

transaction and thus frustrate the legislative purposes of
the Act. The Borrower shall covenant and agree in the Loan
Agreement to properly operate and maintain the Industrial
Building during the time any of the Bonds are outstanding.
Such covenant and agreement shall include a specific under-
taking by the Borrower to make all equipment replacements
and repairs necessary to insure that the security for the
Bonds shall not be impaired.

(7) The best interests of the City will be served by sell-
ing the "Bonds at private (negotiated) sale, as authorized
by the Act, upon terms and conditions approved by the
Board in the Resolution.

(8) As evidenced by the Letter of Intent, the Industrial
Building is to be acquired by a bona fide tenant or pur-
chaser within the meaning of the Act.

Sec. 2. And be it further ordamed, That the City is
hereby authorized and empowered to issue, sell and de-
liver its Baltimore City, Maryland Industrial Development
Revenue Bonds (M & M Properties Project) , 1979 Series, in
the aggregate principal amount not to exceed $275,000,
subject to the provisions of this Ordinance. The proceeds
of the Bonds will be loaned to the Borrower pursuant to the
terms and provisions of the Loan Agreement, to be used
by the Borrower for the sole and exclusive purpose of
financing the acquisition of the Industrial Building. The
Bonds and the interest thereon shall be limited obligations
of the City, repayable by the City solely from the revenue
derived from Loan repayments (both principal and inter-
est) made to the City by the Borrower pursuant to the Loan
Agreement from any other moneys made available to the
City for such purpose. The security for the Bonds shall be
solely and exclusively as provided in Section 1 of this
Ordinance.

Sec. 3. And be it further ordained, That each of the
Bonds shall bear the descriptive title "Baltimore City,
Maryland Industrial Development Revenue Bond (M & M
Properties Project), 1979 Series." The bonds shall bear
interest from the date of delivery at the rate of Seven and
Three Quarters per centum (1%%) per annum; provided,
however, that during any period in which the interest pay-

236 ORDINANCES Ord. No. 1001

able on the Bonds is for any reason includible in the gross
income (as defined in Section 61 of the Internal Revenue
Code of 1954, as amended) of the holder of any of the
Bonds, the rate of interest payable on the Bonds shall be
Fourteen per centum (14%) per annum. Interest on the
Bonds shall be payable periodically on dates to be prescribed
by the Board in the Resolution and shall be calculated on the
basis of a 360-day year factor applied to actual days
elapsed. The principal of the Bonds shall be payable in
periodic installments on dates and in amounts to be pre-
scribed by the Board in the Resolution.

FORM OF BOND
No. R79- $ _ -

UNITED STATES OF AMERICA

STATE OF MARYLAND

BALTIMORE CITY, MARYLAND

INDUSTRIAL DEVELOPMENT REVENUE BOND

(M & M PROPERTIES PROJECT)

1979 SERIES

FOR VALUE RECEIVED, MAYOR AND CITY COUN-
CIL OF BALTIMORE, a body politic and corporate and
a political subdivision of the State of Maryland (the "Is-
suer"), hereby promises to pay (but only out of the "Re-
ceipts and Revenues of the Issuer from the Loan" as

hereinafter denned ) to - _

or its successor or registered assignee or legal representa-
tive, the principal sum of DOLLARS,

payable in installments and in the manner hereinafter set
forth, and to pay interest on the unpaid principal amount

hereof from , 197 , until paid in full

(or, if this bond, or any portion hereof, shall have been
duly called for early redemption and payment of the re-
demption price shall have been made or provided for,
until the date fixed for such early redemption) at the rate

ORDINANCES 237

of 7%% per annum (calculated on the basis of a 360-day
year factor applied to actual days elapsed) payable at
the times and in the manner hereinafter set forth; pro-
vided, however, that during any period in which the inter-
est payable hereon is for any reason includible in the gross
income (as defined in Section 61 of the Internal Revenue
Code of 1954, as amended) of the holder hereof, the rate
of interest payable on the unpaid principal amount hereof
shall be at the rate of 14% per annum (calculated on the
basis of* a 360-day year factor applied to actual days
elapsed) .

The principal hereof and interest hereon shall be paid
in lawful money of the United States of America at the
time of payment as follows :

(a) the principal sum shall be payable in

installments as set forth in Schedule A attached hereto
and made a part hereof, by check or draft mailed by

_ _ (the "Trustee") , to

the registered owner hereof at its address as it appears
on the bond registration books of the Issuer without the
necessity of surrendering or presenting this bond, and all
such payments shall fully discharge the obligation of the
Issuer herein to the extent of the payments so made ;

(b) interest on the outstanding principal balance shall

be payable on _ and of each

year, commencing on - _ , and

thereafter until paid in full (or until the date fixed for
early redemption as referred to above), by check or draft
mailed by the Trustee to the registered owner hereof at its
address as it appears on the bond registration books of
the Issuer without the necessity of surrendering or pre-
senting this bond, and all such payments shall fully dis-
charge the obligation of the Issuer herein to the extent of
the payments so made ; and

(c) the entire unpaid principal amount hereof and all
accrued and unpaid interest hereon shall be due and pay-
able on _ - , if not paid earlier.

This bond is one of a duly authorized issue of industrial
development revenue bonds of the Issuer, aggregating
( $ _ ) in principal

238 ORDINANCES Ord. No. 1001

amount, dated as of , designated as

"Baltimore City, Maryland Industrial Development Reve-
nue Bonds (M & M Properties Project) 1979 Series" (the
"1979 Series Bonds"), and issued under and pursuant to
the Constitution and the laws of the State of Maryland,
particularly Sections 266A to 266-1, inclusive, of Article
41 of the Annotated Code of Maryland (1978 Replacement
Volume), as amended (the "Act"), and under and pur-
suant to Ordinance No of the Issuer, approved by

the Mayor of the Issuer on (the

"Ordinance"), and by a resolution adopted by the Board

of Finance of the Issuer on _ (the

"Resolution''), for the purpose of financing the acquisition
of a certain industrial building to be located in the City of
Baltimore (the "Industrial Building") by M & M Properties
Partnership, a Maryland partnership (the "Borrower").

The proceeds of the 1979 Series Bonds are being loaned
to the Borrower by the Issuer under a Loan Agreement

dated as of , between the Borrower

and the Issuer (the "Loan Agreement").

The 1979 Series Bonds are issued under a Trust Agree-
ment dated between the Issuer and the

Trustee (the "Trust Agreement"), and, to the extent pro-
vided therein, are, together with all other bonds that may
be issued thereunder, equally and ratably secured and en-
titled to the protection given by the Trust Agreement.
Pursuant to the Trust Agreement the Issuer has assigned
to the Trustee (among other things) the "Receipts and
Revenues of the Issuer from the Loan", which term is
used herein as denned in the Trust Agreement and which
as therein denned includes all the payments payable to the
Issuer pursuant to the Loan Agreement and all other reve-
nues of the Issuer (attributable to the financing of the In-
dustrial Building (excepting only the rights of the Issuer
to indemnification by the Borrower and to payments to
the Issuer for expenses incurred by the Issuer itself) .

ORDINANCES 239

Development Revenue Bond Fund — M & M Properties
Project" (the "Bond Fund") and have been assigned for
that purpose. The obligations of the Borrower under the
Loan Agreement are secured by a Deed of Trust dated

conveying the Industrial Building

to trustees named therein. The payment of the principal
of and premium, if any, and interest on the 1979 Series
Bonds is fully and unconditionally and irrevocably guaran-
teed pursuant to a Guaranty Agreement executed by the
Borrower and delivered to the Trustee.

As more fully provided in the Trust Agreement, the
1979 Series Bonds do not constitute an indebtedness or
obligation to which the faith and credit of the Issuer are
pledged but are limited obligations of the Issuer, which is
obligated to pay the principal of and interest on the 1979
Series Bonds only out of the Receipts and Revenues of
the Issuer from the Loan. The 1979 Series Bonds may
also be paid out of any other moneys made available to the
Issuer or the Trustee for the payment thereof. By the
terms of the Act, the principal of and interest on this
bond, do not, and shall not ever, constitute an indebtedness
or charge against the general credit or taxing powers of
the Issuer within the meaning of any constitutional or
charter provision or statutory limitation and shall not
constitute or give rise to any pecuniary liability of the
Issuer.

Reference is hereby made to the Trust Agreement for a
full and complete statement of the provisions with respect
to the custody and application of the proceeds of the 1979
Series Bonds, the collection and disposition of the Receipts
and Revenues of the Issuer from the Loan assigned as
security for the payment of the 1979 Series Bonds and the
interest thereon, the nature and extent of the security and
the rights of the holders of the 1979 Series Bonds, the
terms and conditions on which, and the purposes for which,
the 1979 Series Bonds are issued and the rights, duties and
obligations of the Issuer and the Trustee thereunder, to
all of which the holder hereof, by acceptance of this bond,
assents.

As provided in the Trust Agreement, bonds of other
series ranking on a parity with the 1979 Series Bonds may

240 ORDINANCES Ord. No. 1001

be issued, and such additional bonds may vary in such
manner as is provided and permitted in the Trust
Agreement.

The 1979 Series Bonds are issuable in the form of fully
registered installment bonds without coupons in the de-
nomination of $ _ each or integral multiples

thereof each bearing an attached schedule indicating the
amount of each installment and the date on which the same
is due and payable.

In the manner and with the effect provided in the Trust
Agreement, the 1979 Series Bonds will be subject to re-
demption prior to maturity, as follows:

(a) The 1979 Series Bonds may be redeemed, at the
option of the Issuer, prior to maturity, on any interest
payment date, either as a whole at any time or in part

from time to time in multiples of $ - , at a

redemption price equal to the principal amount thereof to
be redeemed, together with unpaid interest accrued to the
date fixed for redemption, without payment of premium or
penalty, by application of moneys available for that pur-
pose, other than moneys to be applied as provided in (b)
below; provided, that any partial redemption shall be
made pro rata in accordance with the aggregate principal
amount of 1979 Series Bonds at the time outstanding held
by each holder and shall be applied to the principal to be
redeemed under each of the 1979 Series Bonds in the in-
verse order of the installment payment dates.

which provisions permit such termination in the event
that (i) the Industrial Building shall have been damaged
or destroyed; (ii) title to or temporary use of the Indus-
trial Building shall have been taken under the exercise of
the power of eminent domain; (iii) as a result of federal,
state or local constitutional, legislative, administrative or
judicial action the Loan Agreement shall become void, un-
enforceable, or impossible of performance; or (iv) the

ORDINANCES 241

Borrower's use and occupancy of the Industrial Building
or any part thereof shall have become legally curtailed.

If less than all the 1979 Series Bonds at the time out-
standing shall be called for redemption, the portions of the
1979 Series Bonds to be redeemed shall be selected by the
Trustee on a proportional basis as provided in the Trust
Agreement. Any such redemption, either in whole or in
part, shall be made upon at least 30 days' prior notice in
the manner and upon the terms and conditions provided
in the Trust Agreement. If this bond or any portion hereof
shall have been duly called for redemption, and payment
of the redemption price, together with unpaid interest ac-
crued to the date fixed for redemption, shall have been
made or provided for, all as more fully set forth in the
Trust Agreement, interest on this bond or such portion
hereof shall cease to accrue from the date fixed for re-
demption, and from and after such date this bond or the
portion hereof duly called for redemption shall no longer
be entitled to any benefit or security under the Trust
Agreement, and the registered owner hereof shall have no
rights in respect of this bond or such portion hereof so
called for redemption except to receive payment of such
redemption price and unpaid interest accrued to the date
fixed for redemption. If a portion of this bond shall be
called for redemption, a new bond in principal amount
equal to the unredeemed portion hereof will be issued to
the registered owner upon the surrender hereof.

If at the time of a call for prior redemption, bonds of
other series ranking on a parity with the 1979 Series
Bonds should be outstanding and included in the call for
prior redemption, moneys in the Bond Fund shall be ap-
plied to the retirement of the bonds of each series then
outstanding under the Trust Agreement in proportion (as
nearly as practicable) to the aggregate principal amount
of bonds of each such series issued under the Trust Agree-
ment and then outstanding.

In certain events, on the conditions, in the manner and
with the effect set forth in the Trust Agreement, the prin-
cipal of all the 1979 Series Bonds then outstanding under
the Trust Agreement may become or may be declared due
and payable before the stated maturities thereof, together
with the interest accrued thereon.

242 ORDINANCES Ord. No. 1001

The holder of this bond shall have no right to enforce
the provisions of the Trust Agreement, or to institute
action to enforce the covenant therein, or to take any action
with respect to any default under the Trust Agreement,
or to institute, appear in or defend any suit or other pro-
ceeding with respect thereto, except as provided in the
Trust Agreement.

This bond shall be registered on the books of the Issuer
to be kept for that purpose by the Director of Finance
of the Issuer. This bond shall be transferable only upon
such books by the registered owner or by its duly au-
thorized officer or attorney. This bond, upon surrender
hereof at the office of the Director of Finance of the Issuer
with a written instrument of transfer satisfactory to the
Director of Finance, duly executed by the registered owner
hereof or his duly authorized attorney, may, at the option
of the registered owner, be exchanged for an equal ag-
gregate principal amount of 1979 Series Bonds of author-
ized denominations. Such transfers or exchanges shall be
without charge to the registered owner hereof, but any
taxes or other governmental charges required to be paid
with respect to the same shall be paid by the registered
owner requesting such transfer or exchange as a condition
precedent to the exercise of such privilege.

The Issuer and the Trustee may deem and treat the
person in whose name this bond is registered as the abso-
lute owner hereof for all purposes ; and neither the Issuer
nor the Trustee shall be affected by any notice to the
contrary.

All acts, conditions and things required by the Consti-
tution and statutes of the State of Maryland, the Ordi-
nance, the Resolution and the Trust Agreement to exist,
to have happened and to have been performed precedent
to and in the issuance of this bond, do exist, have hap-
pened and have been performed.

ORDINANCES 243

subject to any personal liability or accountability by reason
of the issuance of this bond.

IN WITNESS WHEREOF, Mayor and City Council of
Baltimore, has caused this bond to be executed in its name
and on its behalf by its Mayor by his manual or fac-
simile signature, and by its Director of Finance, by his
manual or facsimile signature, and has caused its cor-
porate seal or a facsimile thereof to be impressed or other-
wise reproduced hereon, and attested by its Custodian of

the Seal, by his manual signature, all as of the _ day

of , 19

MAYOR AND CITY COUNCIL
OF BALTIMORE

[SEAL] By _

Mayor
ATTEST:

_ — By

Custodian of the Seal Director of Finance

(FORM OF TRUSTEE'S CERTIFICATE OF

AUTHENTICATION TO BE ENDORSED

ON ALL BONDS)

This Bond is one of the Bonds of the 1979 Series Bonds
described in the within mentioned Trust Agreement.

as Trustee

By _

Authorized Signature

SCHEDULE A

No. R79- $

Baltimore City, Maryland

Industrial Development Revenue Bond

(M & M Properties Project)

1979 Series

244 ORDINANCES Ord. No. 1001

Date Principal Installment

Sec. 5. And be it further ordained, That the Bonds shall
be executed in the name of the City and on its behalf by
the Mayor of the City, by his manual or facsimile signa-
ture, and by the Director of Finance of the City, by his
manual or facsimile signature, and the corporate seal of
the City or a facsimile thereof shall be impressed or other-
wise reproduced thereon and attested by the Custodian of
the Seal of the City, by his manual signature. The Loan
Agreement, the Trust Agreement and, where applicable,
all other documents as the Board shall deem necessary to
effectuate the issuance, sale and delivery of the Bonds,
shall be executed in the name of the City and on its behalf
by the Mayor of the City by his manual signature, and the
corporate seal of the City or a facsimile thereof shall be
impressed or otherwise reproduced thereon and attested
by the Custodian of the Seal of the City by his manual
signature. In case any officer whose signature or a fac-
simile of whose signature shall appear on the Bonds or any
of the aforesaid documents shall cease to be such officer
before the delivery of the Bonds or any of the other afore-
said documents, such signature or such facsimile shall
nevertheless be valid and sufficient for all purposes, the
same as if such officer had remained in office until delivery.
The Mayor of the City, the Director of Finance of the
City, the Custodian of the Seal of the City and other offi-
cials of the City are hereby authorized and empowered to
do all such acts and things and execute such documents and
certificates as the Board may determine in the Resolution
to be necessary to carry out and comply with the provi-
sions hereof.

Sec. 6. And be it further ordained, That the Bonds shall
be executed, issued and delivered at any time or from time
to time and in such amount or amounts not exceeding, in
the aggregate, the principal amount of $275,000, as the
Board shall prescribe in the Resolution.

Sec. 7. And be it further ordained, That the Bonds shall
be dated, shall be in such denominations, may be of such

ORDINANCES 245

tenor (not inconsistent with the form of the Bonds set
forth in Section 4 of this Ordinance), may be payable in
such amounts at such times not exceeding 16 years from
the date thereof and at such place or places as the Board
shall prescribe in the Resolution.

Sec. 9. And be it further ordained, That prior to the
issuance, sale and delivery of the Bonds the Board shall
adopt the Resolution pursuant to which the Board shall :

(a) prescribe the final form, tenor, terms and condi-
tions of and security for the Bonds ;

(b) prescribe the actual amounts, denominations, date,
interest due dates, principal installment due dates, actual
maturity or maturities (within the limits herein pre-
scribed) , and the place or places of payment of the Bonds,
and the final terms and conditions and details under which
the Bonds may be called for redemption prior to their
stated maturity;

(c) appoint a bank having trust powers, or a trust
company, as Trustee for the Bonds and appoint a paying
agent or agents for the Bonds, which may be the Trustee ;

(e) determine the time of execution, issuance, sale and
delivery of the Bonds and prescribe any and all other de-
tails of the Bonds ;

(f ) provide for the direct payment by the Borrower of
all costs, fees and expenses incurred by or on behalf of the
City in connection with the issuance, sale and delivery of

246 ORDINANCES Ord. No. 1001

the Bonds, including (without limitation) costs of printing
(if any) and issuing the Bonds, legal expenses (including
the fees of Bond Counsel) and compensation to any person
(other than full time employees of the City) performing
services by or on behalf of the City in connection there-
with;

(h) do any and all things, and authorize the officials of
the City to do any and all things, necessary, proper or
expedient in connection with the issuance, sale and delivery
of the Bonds.

Sec. 10. And be it further ordained, That the Loan
Agreement shall contain such terms, provisions and condi-
tions as the Board shall prescribe in the Resolution, which
may include (without limitation) :

(a) provisions for the making of the Loan by the City
to the Borrower and provisions for the repayment by the
Borrower of the principal of and interest on the Loan ;

(b) a description of the security for the Loan;

(d) provisions for the issuance of the Bonds, the com-
mencement and completion of the Industrial Building and
the application and disbursement of the proceeds of the
Bonds ;

(e) provisions regarding the duration of the term of
the Loan, ownership and possession of the Industrial
Building and the amounts payable by the Borrower;

(f) provisions regarding damage to and condemnation
of the Industrial Building or any part thereof and the
application of the net proceeds of any insurance claim or
condemnation award;

(g) provisions for the appointment of an authorized
City representative and an authorized Borrower repre-
sentative ;

ORDINANCES 247

(h) covenants with respect to the use, maintenance,
modification, operation and transfer of, and access to, the
Industrial Building and with respect to the use of the
proceeds of the Bonds ;

(i) provisions regarding the assignment of the Loan
Agreement ;

(j) provisions regarding the prepayment of the Loan
by the Borrower ;

(k) provisions regarding the remedies of the Trustee
(as assignee of the City) in the event of default;

(1) provisions for the issuance and sale (subject to the
passage at the time of an appropriate ordinance authoriz-
ing the same) of one or more series of additional bonds
and one or more series of refunding bonds ; and

(m) such other terms, provisions and conditions as the
Board may determine to be necessary, proper or expedient
in connection with the issuance, sale and delivery of the
Bonds.

Sec. 11. And be it further ordained, That the Trust Agree-
ment shall contain such terms, provisions and conditions as
the Board shall prescribe in the Resolution for the protec-
tion and enforcement of the rights and remedies of the
holders of the Bonds, which may include (without limita-
tion) :

(a) a description of the Bonds and the form of the Bonds
and the Trustee's authentication certificate ;

(b) the manner of execution, authentication, registration
and transfer of the Bonds ;

(d) the terms and conditions under which the Bonds may
be redeemed prior to their stated maturity and the details
of the procedure for the redemption of the Bonds ;

(e) provisions of the custody and application of and
security for the proceeds of the Bonds and the investment
of such proceeds;

248 ORDINANCES Ord. No. 1001

(f) provisions for the custody and application of and
security for the revenue derived from the Loan repayments
made by the Borrower and the investment of such revenue ;

(g) the remedies of the holders of the Bonds in the event
of default;

(h) the duties, rights and immunities of the Trustee;

(i) the manner of execution of instruments by the
holders of the Bonds and the method of proof of ownership
of the Bonds ;

(j) provisions for the modification of the Trust Agree-
ment and the Loan Agreement ;

(k) provisions for the issuance and sale (subject to the
passage at the time of an appropriate ordinance authorizing
the same) of one or more series of additional bonds and one
or more series of refunding bonds ;

(1) provisions for the defeasance of the Trust Agree-
ment; and

(m) such other terms, provisions and conditions as the
Board may determine to be necessary, appropriate or exped-
ient in connection with the issuance, sale and delivery of
the Bonds.

Sec. 12. And be it further ordained, That, as authorized
by the Act, the Bonds shall be sold at private (negotiated)
sale upon such terms and conditions as shall be approved
by the Board in the Resolution.

Sec. 13. And be it further ordained, That the provisions
of this Ordinance are severable, and if any provision,
sentence, clause, section or part hereof is held illegal, invalid
or unconstitutional or inapplicable to any person or circum-
stances, such illegality, invalidity or unconstitutionality, or
inapplicability shall not affect or impair any of the re-
maining provisions, sentences, clauses, sections, or parts of
this Ordinance or their application to other persons or cir-
cumstances. It is hereby declared to be the legislative intent
that this Ordinance would have been passed if such illegal,
invalid or unconstitutional provision, sentence, clause, sec-
tion or part had not been included herein, and if the person

ORDINANCES 249

or circumstances to which this Ordinance or any part hereof
are inapplicable had been specifically exempted herefrom.

Sec. 14. And be it further ordained, That this Ordinance
shall take effect from the date of its passage.

Approved April 16, 1979.

t WILLIAM DONALD SCHAEFER, Mayor.

No. 1002
(Council No. 1743)

An Ordinance to amend Sheet No. 45 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1976
Edition), title "Zoning", by changing from the R-8
Zoning District to the B-l-1 Zoning District the property
generally known as 524 Dolphin Street, as outlined in
red on the plats accompanying this ordinance.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 45 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1976 Edi-
tion), title "Zoning", be and it is hereby amended by
changing from the R-8 Zoning District to the B-l-1 Zoning
District the property generally known as 524 Dolphin
Street, as outlined in red on the plats accompanying this
ordinance.

Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall
then transmit a copy of the ordinance and one of the plats
to the following: the Board of Municipal and Zoning Ap-
peals, the Planning Commission, the Commissioner of the

250 ORDINANCES Ord. No. 1003

Department of Housing and Community Development and
the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved April 30, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1003
(Council No. 2176)

An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in
accordance with Article V, Section 5(b) of the City
Charter, all of the interest of the Mayor and City Council
of Baltimore in and to that parcel of land known as No.
1221 Joh Avenue, Baltimore, Maryland, said property
being no longer needed for public use.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or private
sale in accordance with Article V, Section 5 (b) of the City
Charter, all of the interest of the Mayor and City Council of
Baltimore in and to that parcel of land situate in Baltimore,
Maryland, and described as follows :

Beginning for the same at the point formed by the inter-
section of the northeast side of Joh Avenue, as now laid
out 50 feet wide, and the last line of the parcel of land
conveyed by Carrie Purkey, Widow, to the Mayor and City
Council of Baltimore by deed dated December 17, 1963 and
recorded among the Land Records of Baltimore City in
Liber J.F.C. No. 1615, Folio 546, said point of beginning
being distant South 44°-47'-16" East 428.23 feet, measured
along the northeast side of said Joh Avenue from the south-
west side of Patapsco Avenue, as now laid out 80 feet wide
and running thence binding reversely on part of the last line

ORDINANCES 251

of said deed, as now surveyed, North 44°-23'-45" East
121.31 feet to the southwest side of said Patapsco Avenue;
thence binding on the southwest side of said Patapsco Ave-
nue, South 60°-39'-50" East 103.55 feet to intersect the
second line of said deed ; thence binding reversely on part of
the second line of said deed, as now surveyed, South 44°-
23'-45" West 149.64 feet to the northeast side of said Joh
Avenue and thence binding on the northeast side of said
Joh Avenue, North 44°-47'-16" West 100.00 feet to the
place of beginning. Containing 13,546.29 square feet or
0.3110 acre of land, more or less, and being known as 1221
Joh Avenue. All courses and distances in the above descrip-
tion are referred to the true meridian as adopted by the
Baltimore Survey Control System.

Said property being no longer needed for public use.

Sec. 2. And be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
been first approved by the City Solicitor.

Sec. 3. And be it further ordained. That this ordinance
shall take effect from the date of its passage.

Approved May 2, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1004
(Council No. 2237)

An Ordinance authorizing and providing for the issuance
from time to time, by the Mayor and City Council of
Baltimore, Maryland of its revenue bonds, designated
"Industrial Development Revenue Bonds (Weyerhaeuser
Company Project)" in an aggregate principal amount
not exceeding $2,500,000 pursuant to the provisions of
Sections 266A through 266-1, inclusive, of Article 41
of the Annotated Code of Maryland (1978 Replacement
Volume and 1978 Supplement) as amended, in order to

252 ORDINANCES Ord. No. 1004

loan the proceeds to Weyerhaeuser Company, a Wash-
ington corporation, for the sole and exclusive purpose
of financing the acquisition (including the rehabilitation,
remodeling, extension or permanent improvement) of
certain industrial buildings in the City of Baltimore as
provided in this ordinance; making certain legislative
findings, among others, concerning the public benefit and
purpose of the revenue bonds ; providing that such rev-
enue bonds (a) shall be payable solely and only from
revenue derived from payments to the City on account
of such loan and (b) shall not ever constitute within the
meaning of any constitutional or charter provision or
otherwise (i) an indebtedness of Mayor and City Coun-
cil of Baltimore, or any other political subdivision or
(ii) a charge against the general credit or taxing pow-
ers of such City; providing that this ordinance shall
constitute a binding and enforceable commitment by
such City to issue the revenue bonds so authorized;
authorizing the private sale of such revenue bonds;
providing that certain matters pertaining to such reve-
nue bonds, including (without limitation) amounts and
dates of any series of such revenue bonds and maturity
or maturities, shall be determined administratively at
or prior to the time of such private sale of any series
of such revenue bonds by resolution of the City Council
of Baltimore approved by the Mayor or Acting Mayor
of Baltimore; delegating various matters to the Board
of Finance of the City, including (without limitation)
the sale of any series of such revenue bonds, the estab-
lishment of the interest rate or rates, sinking fund re-
quirements, and redemption provisions at the time of
such private sale and the appointment of a trustee to
act under the ordinance as a trustee for all moneys re-
ceived by the City hereunder; providing that such City
Council may determine administratively by resolution
or by other appropriate action all other matters per-
taining to the issuance, sale and delivery of any series
of such revenue bonds, including (without limitation)
the provisions of trust between the City and the trustee,
the execution of a loan agreement, the creation of a loan
or construction fund to be held by the trustee and pro-
vision for its disbursement, provision for the invest-
ment of moneys held by the trustee, provision of reme-

ORDINANCES 253

dies for bondholders in the event of default, and provi-
sion for the enactment of supplemental ordinances and
resolutions; and generally providing for and determin-
ing various matters in connection with the authoriza-
tion, issuance, security, sale and payment of such reve-
nue bonds.

RECITALS

Sections -266A through 266-1, inclusive, of Article 41 of
the Annotated Code of Maryland (1978 Replacement
Volume), as re-enacted, with amendments, by Chapter
352 of the Laws of Maryland of 1972 and as amended
by Chapter 396 of the Laws of Maryland of 1973, Chap-
ter 342 of the Laws of Maryland of 1975, Chapter 421
of the Laws of Maryland of 1976, Chapters 348 and 528
of the Laws of Maryland of 1977, and Chapters 816,
945, 946, and 953 of the Laws of Maryland of 1978 (col-
lectively, the "Enabling Legislation") constitute those
provisions of Maryland law authorizing the issuance of
industrial revenue bonds by all the counties and munici-
palities of the State of Maryland (the "State").

The Enabling Legislation now empowers the counties and
municipalities of the State (including the Mayor and
City Council of Baltimore) to issue revenue bonds and
to loan the proceeds of the sale of such revenue bonds
to an industrial concern to finance the acquisition (in-
cluding the rehabilitation, remodeling, extension or per-
manent improvement) by such industrial concern of an
industrial building (including any building or structure,
or portion thereof, suitable for or intended for use as a
warehouse, related offices and necessary or useful ma-
chinery and equipment). The Enabling Legislation de-
clares it to be the legislative purpose to relieve condi-
tions of unemployment in the State, to encourage the
increase of industry and a balanced economy in the
State, to promote economic development, and in this
manner to promote the health, welfare, and safety of the
residents of each of the counties and municipalities of
the State.

Mayor and City Council of Baltimore (the "City")
has determined to issue and sell not exceeding $2,500,-

254 ORDINANCES Ord. No. 1004

000 aggregate principal amount of its revenue bonds,
hereinafter designated "Industrial Development Reve-
nue Bonds (Weyerhaeuser Company Project)" (the
"Bonds") and to loan the proceeds of such Bonds to
Weyerhaeuser Company, a Washington corporation and
an industrial concern as mentioned in the Enabling
Legislation (the "Company"), on the terms and condi-
tions to be set forth in a loan agreement to be executed
pursuant to this ordinance (the "Loan Agreement") in
order to finance the acquisition of an industrial building
in the City as described below (the "Project").

The Project consists of the reconstruction, including the
rehabilitation, remodeling, extension, and permanent im-
provement, of certain warehouse structures located at
2901 Childs Street in the City of Baltimore. The Project
involves demolition of existing, old, outmoded ware-
house structures and the construction of a new, efficient
warehouse system.

This ordinance authorizes a transaction which the Com-
pany proposed to the City by a letter of intent dated
January 30, 1979, in accordance with Section 266B(d)
of the Enabling Legislation.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That, acting pursuant to the Enabling Legis-
lation, it is hereby found and determined, as follows :

(1) The issuance of revenue bonds by the City pur-
suant to the Enabling Legislation in order to loan the
proceeds to the Company for the sole and exclusive pur-
pose of acquiring industrial buildings within the meaning
of the Enabling Legislation will facilitate and expedite
the acquisition of such industrial buildings by the Company ;

(2) The accomplishment of the transactions contem-
plated and authorized by this ordinance, including (with-
out limitation) the completion of the Project by the Com-
pany and the financing thereof, will (i) sustain jobs and
employment, thereby relieving conditions of unemploy-
ment in the State and in the City; (ii) encourage the in-
crease of industry and a balanced economy in the State
and in the City; (iii) promote economic development; and

ORDINANCES 255

(iv) in this manner promote the health, welfare and safety
of the residents of the City and of the State ;

(3) In addition to authorizing the City itself to ac-
quire and either to lease or to sell such industrial build-
ings to an industrial concern, the Enabling Legislation as
an alternative procedure, authorizes industrial building
financing to be accomplished in the form of a loan to the
Company. The loan form of transaction avoids indirect
costs ana* burdens on the City by not requiring any direct
involvement by the City in the construction, ownership or
administration of such facilities; however, it permits con-
trols to be imposed on the use of the proceeds of the Bonds
to insure that the public purposes of the Enabling Legis-
lation and the Bonds are fully accomplished. It is, there-
fore, in the best interests of the citizens of the City to
finance the Project by a loan to the Company. This ordi-
nance contemplates and authorizes a transaction in the
form of a loan of the proceeds of the Bonds by the City
to the Company, rather than a transaction in the form of
a lease or sale. Accordingly, this ordinance and the Loan
Agreement hereby authorized contain such provisions as
the City deems appropriate to effect the financing of the
Project by the loan form of transaction.

(4) Neither the Bonds nor interest coupons issued
under the authority of the Enabling Legislation constitute
an indebtedness of the City or a charge against the gen-
eral credit or taxing powers of the City within the mean-
ing of any constitutional provision or provisions of the
City Charter or statutory limitation and shall never consti-
tute or give rise to any pecuniary liability of the City.
The principal amount of the loan and the payments to be
made by the Company pursuant to the Loan Agreement
will be paid directly to, and will be disbursed by, the inde-
pendent trustee appointed by the Board of Finance of the
City pursuant hereto; no such moneys will be commingled
with the City's funds or be subject to the absolute control
of the City but only to such limited supervision and checks
as are deemed necessary or desirable to insure that the
proceeds of the Bonds are used to accomplish the public
purposes of the Enabling Legislation and this ordinance.
The Enabling Legislation provides that a loan form of
transaction thereunder shall not constitute a capital project

256 ORDINANCES Ord. No. 1004

within the meaning of any charter or statutory provision.
The public purposes expressed in the Enabling Legislation
are intended to be achieved by facilitating the acquisition
of industrial buildings by the Company.

(5) Except insofar as is necessary or desirable to fa-
cilitate the creation of any security for the Bonds, the City
will acquire no interest in the Project. The security for the
Bonds shall be solely and exclusively the absolute, irrevo-
cable, unconditional obligation of the Company to make
the payments required by the Loan Agreement, together
with such other security, if any, as may be provided in a
resolution adopted prior to the delivery of the Bonds. This
ordinance definitely fixes and determines that the amount
of revenue necessary to be set apart and applied to the
payment of principal, interest and premium of the Bonds
shall be the entire amount of the receipts and revenues of
the City from payments under the Loan Agreement except
for any rights of the City to indemnification and to pay-
ments for the City's administrative expenses.

(6) (a) No part or proportion of the receipts and
revenues of the City from the loan shall be set aside as a
depreciation account (mentioned in the Enabling Legisla-
tion) since such a depreciation account would (i) be in-
consistent with the loan form of transaction authorized
hereby and (ii) place an unreasonable burden on the Com-
pany so as to adversely affect the feasibility of the trans-
actions and thus frustrate the legislative purposes of the
Enabling Legislation and (b) a covenant such as that
permitted by Section 266G(c) of the Enabling Legislation
would be similarly inconsistent with the loan form of
transaction authorized hereby in the event holders of the
Bonds do not obtain or retain any security interest in the
Project. Such a covenant is, therefore, a procedure which
does not appear to be contemplated by the Enabling
Legislation in connection with this transaction.

Sec. 2. And be it further ordained, That this ordinance
is intended to be, and shall constitute, a binding and en-
forceable commitment by the City to the Company to issue
and deliver the Bonds authorized hereby in accordance
with the terms hereof. It is contemplated that the Com-
pany may proceed with the Project prior to the issuance

ORDINANCES 257

and delivery of the Bonds authorized hereby in reliance
upon the enactment of this ordinance by the City.

Sec. 3. And be it further ordained, That the issuance,
sale and delivery of not exceeding $2,500,000 aggregate
principal amount of revenue bonds, hereby designated
"Industrial Development Revenue Bonds (Weyerhaeuser
Company Project)", are hereby authorized subject to the
provisions of this ordinance, such Bonds to be solely and
exclusively payable from, and secured by, the revenue de-
rived from payments on the loan to the Company as pro-
vided herein. The aggregate principal amount of Bonds
issued, sold and delivered pursuant to this ordinance shall
not exceed $2,500,000 unless such amount shall be in-
creased by an ordinance supplemental hereto.

The City Council hereby recognizes the function of the
Mayor and the Board of Finance in making the executive
and administrative determinations necessary for the issu-
ance of bonds of the City. However, the Enabling Legisla-
tion constitutes a public general law of the State of Mary-
land to which the provisions of the Baltimore City Charter
are subject. The Enabling Legislation, moreover, provides
that the legislative body of the City shall make various
determinations in connection with the authorization, issu-
ance and sale of the Bonds. This ordinance, therefore,
provides that the City Council shall make certain adminis-
trative determinations in connection with the issuance and
sale of the Bonds, such determinations to be effective only
after approval by the Mayor or Acting Mayor. Thus, the
purpose and intent of both the Baltimore City Charter and
the Enabling Legislation will be accomplished by requiring
action of both the City Council and the Mayor and Acting
Mayor to accomplish the final issuance and sale of the
Bonds.

The Bonds authorized by this ordinance may be issued
in one or more series, and each such series shall be identi-
fied by a letter designation, so that the first series (if the
issuance of more than one series of Bonds hereunder is
then contemplated) shall be designated "Industrial Devel-
opment Revenue Bonds (Weyerhaeuser COMPANY Proj-
ect), Series A". The Bonds may be further identified by the
year of issue or such other appropriate designation as the

258 ORDINANCES Ord. No. 1004

City Council may determine by resolution adopted prior to
the delivery of the Bonds. The aggregate principal amount
of Bonds to be issued pursuant to this ordinance at any one
time shall be determined by the City Council by resolution
adopted prior to the delivery of the Bonds.

In the event more than one series of Bonds is issued
hereunder, it is contemplated that a separate series (which
may be evidenced by a single instrument) of notes or
other obligations of the Company (evidencing the obliga-
tion of the Company to repay the loan from the City) be
issued to correspond with, and secure, each separate series
of Bonds issued hereunder.

The Bonds of a series of Bonds shall be dated as of the
first day of the month next following the date on which
such series of Bonds is sold unless the City Council shall
specify a different date in its resolution hereinafter de-
scribed. Such Bonds shall bear interest at an annual rate
or rates payable semi-annually following the date of such
series of Bonds so that, if the Bonds of a series are dated
July 1, 1979, interest on that series of Bonds will be pay-
able on January 1, 1980, July 1, 1980, and semi-annually
thereafter.

The Bonds of each series of Bonds issued hereunder
shall mature on such date or dates as may be provided in
the resolution of the City Council hereinafter described,
but the last maturity of any such series of Bonds shall in
no event exceed a period of thirty (30) years from the
date of such series of Bonds (or such later date as may
be permitted under the terms of the Enabling Legislation
in effect on the date of such series of Bonds) . If the said
resolution of the City Council hereinafter described does
not provide any maturity or maturities for a series of
Bonds, all of the Bonds of such series shall mature on the
date thirty (30) years from the date of such series of
Bonds.

Sec. 4. And be it further ordained, That, prior to the
delivery of any series of Bonds, the City Council shall
adopt a resolution or resolutions which shall prescribe the
principal amount of Bonds to be issued as a series at any
one time.

ORDINANCES 259

Prior to the delivery of any series of Bonds, the City
Council may also adopt a resolution or resolutions which
may prescribe (i) the date of issue of such series of Bonds,
(ii) the maturity or maturities of such series of Bonds,
(iii) any additional terms necessary or appropriate to
reflect any matters provided by resolution and (iv) such
other matters as may be deemed appropriate by the City
Council.

Any resolution or resolutions adopted pursuant to this
section of this ordinance shall be deemed to be of an ad-
ministrative nature and shall be effective upon approval
by the Mayor or Acting Mayor of the City.

Sec. 5. And be it further ordained, That it is hereby
found and determined that the best interests of the City
will be served by selling the Bonds at private sale as
authorized by the Enabling Legislation, upon the terms
and conditions determined by the Board of Finance as
hereinafter authorized.

Authority is hereby conferred on the Board of Finance
of the City to take the following actions and to make the
following commitments on behalf of the City:

(a) to prepare and distribute, in conjunction with
representatives of the Company and the prospective un-
derwriters for the Bonds, both a preliminary and a final
official statement, offering memorandum, or similar docu-
ment in connection with the sale of the Bonds ;

(b) to determine the date, time and place when an
underwriting agreement shall be submitted by the under-
writers for the Bonds, such underwriting agreement to
specify the interest rate or rates proposed to be paid on
the Bonds, the price at which such Bonds are to be sold
to such underwriters, and such other matters as the under-
writers and such Board of Finance may deem necessary
or desirable in order to effect the sale and delivery of the
Bonds ;

(c) to determine the interest rate or rates to be paid
by the City on the Bonds in accordance with the proposed
underwriting agreement submitted by the underwriters
for the Bonds, but only after the Company shall have given
the City written approval of such rate or rates ;

260 ORDINANCES Ord. No. 1004

(d) to determine the redemption provisions for the
Bonds, and sinking fund requirements, if any, for the
Bonds;

(e) to appoint a bank having trust powers, or a trust
company, as trustee for the Bonds to be issued pursuant
to this ordinance ; and

(f ) in order to insure that such Bonds are issued with-
out direct cost to the City, to provide for the payment,
directly by the Company, of all costs, fees, and expenses
incurred by or on behalf of the City in connection with
the issuance of the Bonds, such payments to include (with-
out limitation) compensation to any persons performing
services by or on behalf of the City in connection with the
transactions contemplated by this ordinance.

Authority is hereby conferred on the Mayor or Acting
Mayor of the City to take the following actions and to
make the following commitments on behalf of the City:

(a) to execute and deliver a loan agreement by and
between the City and the Company in the form determined
by resolution of the City Council approved by the Mayor
or Acting Mayor as authorized by Section 7 of this ordi-
nance; and

(b) to execute and deliver, as a binding and enforce-
able obligation of the City, the underwriting agreement
for the Bonds by and between the City and the under-
writers for the Bonds and to proceed to accomplish any
and all actions necessary or deemed appropriate by either
of them to issue and deliver the Bonds to such underwriters
in accordance with the provisions of this ordinance and
the underwriting agreement.

Sec. 6. And be it further ordained, That, in authorizing
the sale of revenue bonds to finance industrial buildings
for the Company pursuant to the Enabling Legislation,
the Mayor and City Council are hereby empowered to pro-
vide that the revenue bonds authorized by this ordinance
and any revenue bonds authorized for such purpose by
other ordinances, may be consolidated and sold as one or
more issues or series of revenue bonds, without regard to
the date of enactment of any ordinance authorizing the

ORDINANCES 261

issuance of such revenue bonds. The aggregate principal
amount of revenue bonds authorized by this ordinance may
be increased, from time to time, and the description of the
Project may be supplemented or modified by ordinances
supplemental to this ordinance. Nothing contained in this
ordinance is intended to require the adoption of an ordi-
nance supplemental to this ordinance to authorize the de-
letion of any one or more items of the industrial buildings
constituting the Project. The Mayor and City Council are
hereby expressly authorized, in their discretion and based
upon their determinations from time to time, to omit any
part of the Project from the industrial buildings to be fi-
nanced by revenue bonds issued pursuant to this ordinance.
It is the purpose and intent of this section that the Mayor
and City Council be afforded broad discretion in the
structuring and scheduling of revenue bond issues, whether
authorized by this ordinance or otherwise, to finance in-
dustrial buildings for the Company in order that the public
purpose of the Enabling Legislation and this ordinance
may be realized.

Sec. 7. And be it further ordained, That, prior to the
sale of any series of Bonds, the City Council may (without
limitation) determine administratively by resolution or by
other appropriate action :

(1) the provisions of trust between the City and the
trustee ;

(2) the manner of execution, authentication, registra-
tion and transfer of the Bonds ;

(3) provisions for authentication and delivery of the
Bonds;

(4) the provisions of the Loan Agreement between the
City and the Company;

(5) the terms of the note or other evidence of the
obligations of the Company issued for each series of Bonds ;

(6) provision for creation, holding and disbursement
of an escrow fund to be held by the trustee ;

(7) provisions for creation, holding and disbursement
of any other funds and accounts to be held by the trustee ;

262

ORDINANCES

Ord. No. 1004

(8) provisions for the application of receipts and reve-
nues from the City on account of the Loan;

(9) provisions for the security for and investment of
moneys held by the trustee ;

(10) remedies for holders of the Bonds in the event
of default;

(11) the duties, rights and immunities of the trustee;

(12) the manner of execution of instruments by holders
of the Bonds and the method of proof of ownership of the
Bonds ;

(13) provisions for modification of this ordinance, the
Loan Agreement, and any resolution or other action of
the Mayor, City Council and Board of Finance pertaining
to the Bonds ;

(14) provisions for defeasance;

(15) the forms of the Bonds, coupons and the trustee's
authentication certificate; and

(16) such other matters in connection with the au-
thorization, issuance, security, sale and payment of the
Bonds as may be deemed appropriate by the City Council.

Any resolution or resolutions adopted pursuant to this
ordinance shall be deemed to be of an administrative nature
and shall be effective upon approval by the Mayor or
Acting Mayor of the City.

Sec. 8. And be it further ordained, That the provisions
of this ordinance are severable, and if any provision, sen-
tence, clause, section or part thereof is held illegal, invalid
or unconstitutional or inapplicable to any person or cir-
cumstances, such illegality, invalidity or unconstitution-
ality, or inapplicability shall not affect or impair any of
the remaining provisions, sentences, clauses, sections or
parts of the ordinance or their application to other persons
or circumstances. It is hereby declared to be the legislative
intent that this ordinance would have been adopted if such
illegal, invalid or unconstitutional provision, sentence,
clause, section or part had not been included therein, as
AND if the person or circumstances to which the ordinance

ORDINANCES 263

or any part thereof is inapplicable had been specifically
exempted therefrom.

Sec. 9. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 7, 1979.

* WILLIAM DONALD SCHAEFER, Mayor.

No. 1005
(Council No. 2242)

An Ordinance providing for a supplementary loan fund ap-
propriation in the amount of One Million Nine Hundred
Fifty-one Thousand Dollars ($1,951,000) to the Depart-
ment of Public Works to be used for improving the sani-
tary sewerage, storm water drainage, and stream valley
systems of Baltimore City, in accordance with the pro-
visions of Article VI, Section 2(h) (3) of the Baltimore
City Charter (1964 Revision).

Whereas, the Mayor and City Council of Baltimore was
authorized by Chapter 74 of the Laws of Maryland of 1978,
by City Ordinance No. 786 approved June 26, 1978 and
by ratification of the voters of Baltimore City on November
7, 1978 to borrow an amount not to exceed Four Mil-
lion Six Hundred Thousand Dollars ($4,600,000) and to
issue and sell certificates of indebtedness for the uses
and purposes set forth in said Chapter and Ordinance ; and

Whereas, the money appropriated herein represents a
partial issue of said authorized certificates of indebtedness,
such amount being in excess of the revenues estimated and
relied upon by the Board of Estimates in determined the
tax levy required to balance the budget for the 1979 fiscal
year and therefore is available for appropriation to the
Department of Public Works pursuant to the provisions
of Article VI, Section 2(h)(3) of the Baltimore City
Charter (1964 Revision) ; and

264 ORDINANCES Ord. No. 1006

Whereas, the supplementary loan fund appropriation or-
dained herein has been recommended to the City Council by
the Board of Estimates, said recommendation having been
made at a meeting of said Board held on the 21st day of
February, 1979, all in accordance with Article VI, Section
2(h) (3) of said Charter.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2 of the 1964 revision of the Charter of Baltimore City
the sum of One Million Nine Hundred Fifty-one Thousand
Dollars ($1,951,000) shall be made available to the De-
partment of Public Works as a supplementary loan fund
appropriation for the fiscal year ending June 30, 1979 for
the purpose of improving the sanitary sewerage, storm
water drainage, and stream valley systems of Baltimore
City. The amount thus made available as a supplementary
loan fund appropriation shall be expended from revenue
derived from the issuance of certificates of indebtedness as
authorized by the voters of Baltimore City on November 7,
1978, said amount being in excess of the amount from this
source which was estimated or relied upon by the Board
of Estimates in determining the tax levy required to balance
the budget for the 1979 fiscal year ; and said funds shall be
the source of revenue for this supplementary loan fund ap-
propriation, as required by Article VI, Section 2 of the 1964
revised Charter of Baltimore City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 7, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1006
(Council No. 2174)

An Ordinance to renew a grant to the Baltimore Gas and
Electric Company as granted by the Mayor and City

ORDINANCES 265

Council of Baltimore by Ordinance 1111 approved June
11, 1954 authorizing Consolidated Gas Electric and
Power Company of Baltimore now the Baltimore Gas
and Electric Company which ordinance granted a twen-
ty-five year right of way easement for the construc-
tion, use and maintenance of gas mains, not over 26
inches in diameter, valves, governors, and appurtenances
under, across and upon those several tracts of land
owned by the Mayor and City Council of Baltimore and
known as Loch Raven Reservoir property, situate in the
Eleventh Election District of Baltimore County, State of
Maryland, for the transmission and distribution of syn-
thetic, natural and mixed gas to be delivered through
the mains in the streets, roads and alleys of Baltimore
City, Baltimore County and elsewhere; the exclusive use
for public purposes of the land within the area of the
right of way easement is no longer needed.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Baltimore Gas and Electric Com-
pany, its successors and assigns, formerly Consolidated
Gas Electric Light and Power Company of Baltimore re-
ferred to as the "Grantee" be and hereby granted to con-
tinue to occupy a right of way easement from 35 to 40
feet wide as hereinafter described be and it is hereby
granted to Consolidated Gas Electric Light and Power
Company of Baltimore, its successors and assigns, herein
called "Grantee," for a period of twenty-five years, for the
construction, use and maintenance of gas mains, not over
26 inches in diameter, together with the necessary valves,
governors and appurtenances, under, across and upon those
several tracts of land owned by the Mayor and City Coun-
cil of Baltimore and known as Loch Raven Reservoir
property, situate in the Eleventh Election District of Bal-
timore County, State of Maryland, for the transmission
and distribution of synthetic, natural and mixed gas to be
delivered through its mains in the streets and alleys of
Baltimore City, Baltimore County, and elsewhere, the
center line of said right of way easement being described
as follows :

Beginning for the center line of the first thereof at a
point on the southeast side of the Dulaney Valley Road

266 ORDINANCES Ord. No. 1006

and in the fifteenth or South 68 degrees 53 minutes West
231.1 feet line of a parcel of land which by a deed dated
June 29, 1922 and recorded among the Land Records of
Baltimore County in Liber W.P.C. No. 558 folio 420 was
conveyed by Emma C. Hammett and husband to the Mayor
and City Council of Baltimore City, said point being distant
20.30 feet southwesterly measured along said fifteenth line
from the beginning thereof and running thence for said
center line of a right of way, 40 feet wide, the two follow-
ing lines viz: South 33 degrees 05 minutes East, running
parallel with and distant 20 feet southwesterly measured
at a right angle from the fourteenth line of said parcel of
land, 1050 feet and southerly crossing an electric transmis-
sion line right of way, there situate, 300 feet more or less
to a point opposite a bend in said transmission line right
of way, thence running for the center line of a right of
way, 35 feet wide, the three following courses and dis-
tances viz: South 33 degrees 05 minutes East, running
parallel with and distant 50.5 feet southwesterly measured
at a right angle from the center line of said electric trans-
mission line as heretofore leased by the Mayor and City
Council of Baltimore City to the Consolidated Gas Electric
Light and Power Company of Baltimore, now Baltimore
Gas and Electric Company, 1160 feet more or less to a point
opposite a bend in said transmission line right of way,
South 5 degrees 37 minutes East, continuing to run parallel
with and distant 50.5 feet westerly from the center line
of said transmission line right of way, 950 feet more or
less to a point opposite another bend in said transmission
line right of way and still South 5 degrees 37 minutes
East, crossing said last mentioned right of way, 180 feet
more or less to a point on the southeast side of said elec-
tric transmission line right of way and thence leaving said
transmission line right of way and running through other
property of the Mayor and City Council of Baltimore City
and running for the center line of a right of way, 40 feet
wide, the two following lines viz: southeasterly 1560 feet
more or less to a point distant 20 feet northeasterly from
the dividing line between the property of the Mayor and
City Council of Baltimore City and Joseph C. Smith et al,
said last mentioned 20 feet being measured along the pro-
longation of a line drawn parallel with and distant 20 feet
southeasterly from the dividing line between the property

ORDINANCES 267

of Joseph C. Smith et al, and Frank Schouten and south-
westerly, binding on said line so drawn 20 feet to a point
in the dividing line between Smith and the Mayor and City
Council of Baltimore City and to intersect the thirteenth or
North 49-V2 degrees West 109 perches line of the parcel of
land which by a deed dated July 10, 1912 and recorded
among the Land Records of Baltimore County in Liber
W.P.C. No. 396 folio 413 was conveyed by Sarah E. Lippin-
cott to the Mayor and City Council of Baltimore City.

The courses in the above description are referred to the
meridian of the electric transmission line right of way
survey.

Being a part of the land conveyed to the Mayor and City
Council of Baltimore City by the two following deeds viz:

1. from Sarah E. Lippincott dated July 10, 1912 and re-
corded among the Land Records of Baltimore County
in Liber W.P.C. No. 396 folio 413.

2. from Emma C. Hammett and husband dated June 29,
1922 and recorded among the Land Records of Balti-
more County in Liber W.P.C. No. 558 folio 420.

Beginning for the center line of the second thereof at a
point in the Morgan Mill Road and in the dividing line
between the property of the Mayor and City Council of
Baltimore City and Joseph C. Smith et al, said point being
distant 20 feet southeasterly measured at a right angle
from the dividing line between the lands of said Joseph C.
Smith et al and Frank Schouten and running thence for
the center line of a right of way, 40 feet wide, through the
lands of the Mayor and City Council of Baltimore City,
southwesterly in a continuation of a line drawn parallel
with and distant 20 feet southeasterly measured at a right
angle from the said dividing line between the property of
Joseph C. Smith et al and Frank Schouten, in all 950 feet
more or less to a point distant 50.5 feet westerly measured
at a right angle from the center line of an electric trans-
mission line right of way, there situate, and heretofore
leased by the Mayor and City Council of Baltimore City
to the Consolidated Gas Electric Light and Power Com-
pany of Baltimore, now Baltimore Gas and Electric Com-
pany, and thence running for the center line of a right of

268 ORDINANCES Ord. No. 1006

way, 35 feet wide, and running parallel with and distant
50.5 feet westerly measured at a right angle from the
center line of said transmission line right of way, the two
following courses and distances viz: South 3 degrees 04
minutes East 320 feet more or less and South 14 degrees
33 minutes East 990 feet more or less to intersect the
South 71 degrees West 61 perches line of a parcel of land
which by a deed dated October 10, 1912 and recorded
among the Land Records of Baltimore County in Liber
W.P.C. No. 402 folio 291 was conveyed by Rose Keech,
widow, to the Mayor and City Council of Baltimore City.

The courses in the above description are referred to the
meridian of the electric transmission line right of way
survey.

Being a part of a parcel of land which by a deed dated
October 10, 1912 and recorded among the Land Records of
Baltimore County in Liber W.P.C. No. 402 folio 291 was
conveyed by Rose Keech, widow, to the Mayor and City
Council of Baltimore City.

All of said two sections or parcels of right of way are
more particularly shown on a master plat designated Ex-
hibit No. 1, an authenticated copy of which is on file in the
Department of Public Works.

The exclusive use for public purposes of the land within
the right of way easement is no longer necessary.

Sec. 2. And be it further ordained, That nothing in this
ordinance shall be construed to prevent the Mayor and
City Council of Baltimore from utilizing any part or all of
the land included within the right of way hereby granted
for park, recreation, playground, watershed, high-
way or utility purposes, provided that no building or other
structure be erected by the Mayor and City Council of
Baltimore within 20 feet of the above described center
line of said right of way.

Sec. 3. And be it further ordained, That the said gas
mains shall be laid and constructed under the supervision
and to the satisfaction of the Director of Public Works
of Baltimore City, who may in the public interest direct

ORDINANCES 269

or authorize minor deviations of location from the center
line described in Section 1 hereof.

Sec. 4. And be it further ordained, That the Mayor and
City Council of Baltimore hereby expressly reserves the
right and power at all times to exercise, in the interest of
the public, full municipal superintendence, regulation and
control in respect to all matters connected with this grant,
and not inconsistent with the terms hereof.

Sec. 5. And be it further ordained, That the said right
of way, permission and authority granted by this ordi-
nance shall be executed and enjoyed within six months
after the grant thereof.

Sec. 6. And be it further ordained, That the said Gran-
tee, its successors and assigns, shall maintain the said gas
mains, valves, governors and appurtenances in good condi-
tion during the period of this grant or any renewal thereof.

Sec. 7. And be it further ordained, That the compensa-
tion to be paid by the said Grantee, its successors and
assigns, for the right of way, permission and authority
hereby granted shall be the sum of ONE THOUSAND
FIVE HUNDRED DOLLARS ($1,500.00) per annum,
payable in advance during the continuance of said grant
and rights hereby granted.

Sec. 8. And be it further ordained, That noncompliance
at any time with any of the terms and conditions of the
grant hereby made shall, at the option of the Mayor and
City Council of Baltimore, operate as a forfeiture of the
same, which shall thereupon be and become void, and that
nothing short of an ordinance of the Mayor and City
Council of Baltimore shall operate as a waiver of any for-
feiture of the grant hereby made.

Sec. 9. And be it further ordained, That the said Gran-
tee, its successors and assigns, shall be liable for and shall
indemnify and save harmless the Mayor and City Council
of Baltimore against any and all suits, losses, costs, claims,
damages or expenses to which the said Mayor and City

270 ORDINANCES Ord. No. 1007

Council of Baltimore may from time to time be subjected
on account of, by reason of or in any way resulting from :

(a) The presence, construction, use, operation, mainte-
nance, or renewal of said structures and facilities or
any of them ; and/or

(b) Any failure on the part of said Grantee, its successors
and assigns, to promptly and properly perform any or
all of its duties and obligations under the terms and
provisions of this ordinance.

Sec. 10. And be it further ordained, That in the event
the gas mains laid block or impede a public project or im-
provement of the said Mayor and City Council of Balti-
more, its agencies, departments and commissions, the
Grantee shall promptly shift, adjust or remove said gas
mains at Grantee's cost and expense provided that at least
sixty (60) days notification has been given to the grantee.

Sec. 11. And be it further ordained, That upon the re-
quest of the Grantee, its successors and assigns, at any
time within one year prior to the expiration of the rights
hereby granted, the Mayor and City Council of Baltimore
shall, by ordinance, renew said grant for an additional
period of twenty-five years subject to all of the terms and
conditions of this ordinance but on a fair revaluation of the
rights so granted, including in such revaluation the value
derived from the said rights.

Sec. 12. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 11, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1007
(Council No. 2175)

An Ordinance granting to Baltimore Gas and Electric
Company a twenty-five year right of way easement for

ORDINANCES 271

the continued use and maintenance of gas mains, not
over 26 inches in diameter, valves, governors, and ap-
purtenances under, across and upon those several tracts
of land owned by the Mayor and City Council of Balti-
more and known as Carroll Park, Gwynns Falls Park,
Leakin Park and Gwynns Falls Junior High School
property, for the transmission and distribution of syn-
thetic, natural and mixed gas to be delivered through its
mains in the streets and alleys of Baltimore City and
elsewhere, together with an electric underground com-
munication line for use in connection with the operation
of said gas mains, the exclusive use for public purposes
of the land within the area of the right of way easement
is no longer needed, and to repeal Ordinance No. 446
approved October 3, 1973.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That a right of way easement 40 feet wide
be and it is hereby granted to the Baltimore Gas and
Electric Company, its successors and assigns, herein called
"Grantee," for a period of twenty-five years, for the con-
tinued use and maintenance of gas mains, not over 26
inches in diameter, together with the necessary valves,
governors and appurtenances, under, across and upon those
several tracts of land owned by the Mayor and City Coun-
cil of Baltimore and known as Carroll Park, Gwynns Falls
Park, Leakin Park and the Gwynns Falls Junior High
School property, for the transmission and distribution of
synthetic, natural and mixed gas to be delivered through
its mains in the streets and alleys of Baltimore City and
elsewhere, together with an electric underground commu-
nication line for use in connection with the operation of
said gas main, the center line of said right of way ease-
ment being described as follows :

Beginning for the center line of the first thereof at a
point 13.34 feet from the beginning of the northwest right
of way line of Washington Boulevard shown as the north
50 degrees 21 minutes 57.6 seconds east 314.73 feet line
northeast of Interstate Route 95 on Baltimore City right
of way plat numbered 1-95-131, the coordinates of said
point being south 9455.17 and west 8933.96 feet from the
principal meridians established by the topographical survey

272 ORDINANCES Ord. No. 1007

of Baltimore City and running thence north 81 degrees 04
minutes 23.2 seconds west 107.16 feet, north 82 degrees 25
minutes 32.2 seconds west 189.00 feet, north 83 degrees 12
minutes 22.6 seconds west 23.38 feet, north 83 degrees 12
minutes 53.6 seconds west 52.11 feet, thence north 65 de-
grees 43 minutes west 236.49 feet, north 69 degress 39
minutes west 488.90 feet, north 42 degrees 10 minutes west
595.30 feet, north 37 degrees 21 minutes west 353.38 feet,
north 55 degrees 46 minutes west 146.37 feet, north 29
degrees 15 minutes west 203.32 feet to the end of the City-
park property, the coordinates thereof being south 8151.77
feet and west 10813.48 feet.

Beginning for the center line for the second thereof at
a point on the south side of Wilkens Avenue, said point
being at the distance of 262 feet northeasterly from the
southeast corner of Wilkens Avenue and Dukeland Street,
the coordinates thereof being south 7498.68 feet and west
12991.01 feet, thence running north 49 degrees 51 minutes
west 111 feet to the northwest side of Wilkens Avenue,
the coordinates thereof being south 7427.11 feet and west
13075.85 feet and continuing north 49 degrees 51 minutes
west 28.42 feet, north 23 degrees 43 minutes east 396.56
feet, north 10 degrees 50 minutes east 648.53 feet, north 22
degrees 04 minutes east 61.64 feet, north 3 degrees 40
minutes west 39 feet to a point on the southeast side of
Frederick Road at the distance of 231 feet southwesterly
from the southwest corner of Brunswick Street and Fred-
erick Road, the coordinates thereof being south 6312.70
feet and west 12795.51 feet, thence crossing said road north
3 degrees 40 minutes west 82 feet to the northwest side
thereof, the coordinates thereof being south 6230.87 feet
and west 12800.75 feet thence continuing the same course
north 3 degrees 40 minutes west 54.27 feet, thence north
34 degrees 40 minutes west 197.70 feet, north 35 degrees
58 minutes west 214.65 feet, north 41 degrees 20 minutes
west 140.90 feet, north 20 degrees 45 minutes west 296.30
feet north 17 degrees 01 minutes west 708.10 feet, north
29 degrees 35 minutes west 271.30 feet, south 86 degrees
05 minutes west 216.93 feet, south 85 degrees 17 minutes
west 269.38 feet, north 84 degrees 21 minutes west 312.65
feet, north 67 degrees 20 minutes west 206.07 feet, north
26 degrees 11 minutes west 44.77 feet to a point on the

ORDINANCES 273

south side of the right of way of the Pennsylvania Rail-
road, the coordinates thereof being south 4431.06 feet and
west 14587.88 feet, thence crossing said right of way north
26 degrees 11 minutes west 118 feet to the north side of
said right of way at a point thereon distant 262.7 feet
northeasterly from the east side of Mt. Olivet Lane, the
coordinates thereof being south 4325.17 feet and west
14639.95 feet, thence continuing north 26 degrees 11 min-
utes west 96 feet to the south side of Baltimore Street at
a point thereon distant 162 feet easterly from the east side
of Mt. Olivet Lane, the coordinates thereof being south
4239.02 feet and west 14682.31 feet, thence crossing said
street north 26 degrees 11 minutes west 68.04 feet, north
26 degrees 14 minutes west 14 feet to the north side of
said street, the coordinates thereof being south 4165.41
feet and west 14718.52 feet, thence north 26 degrees 14
minutes west 20 feet, north 15 degrees 09 minutes west
96.95 feet, north 23 degrees 21 minutes west 265.10 feet,
north 41 degrees 50 minutes west 273.05 feet, north 45
degrees 33 minutes west 355.25 feet to a point on the south-
east side of Hoffman Lane, the coordinates thereof being
south 3359.60 feet and west 15294.54 feet thence across
said lane north 45 degrees 33 minutes west 39 feet, and
north 44 degrees 42 minutes west 11 feet to the northwest
side of said lane, the coordinates thereof being south
3324.47 feet and west 15330.12 feet and to the south side
of the property of Gwynns Falls Junior High School No.
91, thence through said lot the two foil wing courses and
distances :

North 44 degrees 42 minutes west 271.74 feet and north
41 degrees 40 minutes west 355.50 feet to the northwest
side of said lot, the coordinates of said point being south
2865.75 feet and west 15757.60 feet, thence north 60 de-
grees 11 minutes west 92.74 feet, north 21 degrees 55
minutes west 144.65 feet, north 11 degrees 59 minutes east
215.50 feet, north 2 degrees 13 minutes, west 483.15 feet,
north 25 degrees 17 minutes east 656.70 feet, north 12
degrees 13 minutes west 141.19 feet to the south side of
Edmondson Avenue at a point thereon distant 500.73 feet
easterly from the southeast corner of Edmondson Avenue
and Hilton Street, the coordinates thereof being south
1260.07 feet and west 15615.4 feet, thence crossing said

274 ORDINANCES Ord. No. 1007

avenue north 12 degrees 13 minutes west 83.01 feet, thence
north 30 degrees 14 minutes west 20.5 feet to the north
side of Edmondson Avenue, the coordinates thereof being
south 1161.23 feet and west 15643.29 feet, thence north 30
degrees 14 minutes west 155.1 feet, north 37 degrees 18
minutes west 321.62 feet, thence north 82 degrees 21 min-
utes west 202.94 feet, north 02 degrees 11 minutes west
204.10 feet, north 05 degrees 35 minutes west 80.09 feet,
north 10 degrees 36 minutes west 80.08 feet, north 14 de-
grees 13 minutes west 40.26 feet, north 15 degrees 19
minutes west 40.05 feet, north 19 degrees 46 minutes west
79.89 feet, north 24 degrees 37 minutes west 80.14 feet,
north 25 degrees 46 minutes west 40.05 feet, north 33 de-
grees 12 minutes west 120.23 feet, north 59 degrees 26
minutes east 52.31 feet, north 33 degrees 35 minutes
west 7.12 feet, north 29 degrees 39 minutes west 230.68
feet, north 13 degrees 39 minutes west 200.55 feet, south
70 degrees 50 minutes west 101.21 feet, north 49 degrees

11 minutes west 232.97 feet, north 78 degrees 08 minutes
west 233.80 feet, north 58 degrees 13 minutes west 175.50
feet, north 58 degrees 32 minutes west 336.85 feet, north
58 degrees 00 minutes west 626.35 feet, north 57 degrees
40 minutes west 268.50 feet, north 57 degrees 32 minutes
west 796.94 feet, north 47 degrees 54 minutes west 72.74
feet, north 63 degrees 39 minutes west 114.54 feet, north
57 degrees 32 minutes west 405.75 feet, south 87 degrees
20 minutes west 190.98 feet, north 71 degrees 17 minutes
west 398.48 feet, north 64 degrees 28 minutes west 186.60
feet, north 68 degrees 06 minutes west 233.85 feet, north
55 degrees 17 minutes west 118.45 feet, north 66 degrees

12 minutes west 133.75 feet, north 43 degrees 32 minutes
west 85 feet to the south side of Franklintown Road, the
coordinates of said point being north 2534.05 feet and
west 20530.5 feet, thence north 43 degrees 32 minutes
west 66 feet to the north side of said road, the coordinates
thereof being north 2581.90 feet and west 20575.96 feet
and continuing the same course north 43 degrees 32 min-
utes west 46.42 feet to a point near Dead Run; thence
south 66 degrees 49 minutes west 177.48 feet, south 88
degrees 16 minutes west 369.75 feet, south 85 degrees 54
minutes west 148.70 feet, south 82 degrees 14 minutes west
230.81 feet, north 82 degrees 57 minutes west 787.20 feet,
south 80 degrees 39 minutes west 173.43 feet, south 29

ORDINANCES 275

degrees 50 minutes west 784.10 feet, south 52 degrees 05
minutes west 144.08 feet, south 66 degrees 23 minutes
west 319.13 feet, north 76 degrees 26 minutes west 658.77
feet, south 57 degrees 15 minutes west 318.02 feet, south
55 degrees 16 minutes west 235.25 feet, south 48 degrees
06 minutes west 140.65 feet, south 63 degrees 48 minutes
west 135.17 feet, south 52 degrees 08 minutes west 232.80
feet, south 61 degrees 22 minutes west 235.43 feet south
44 degrees 23 minutes west 171.96 feet to the northwest
side of -Franklintown Road, the coordinates thereof being
north 980.72 feet and west 25104.52 feet, thence crossing
said road south 44 degrees 23 minutes west 112.49 feet,
south 44 degrees 09 minutes west 95.06 feet to the south
side of Franklintown Road, the coordinates thereof being
north 832.12 feet and west 25249.41 feet, thence still south
44 degrees 09 minutes west 95.94 feet, thence south 34
degrees 34 minutes west 232.43 feet, south 67 degrees 51
minutes west 334.86 feet to the southwesternmost outline
of Leakin Park, the coordinates of said point being north
446.46 feet and west 25757.67 feet.

Together with a right of way and easement for five
lateral connecting gas mains described as follows:

(a) Beginning for the center line thereof at a point on
the north 23 degrees 43 minutes east 396.56 feet line of
the above description, at the distance of 12.22 feet north-
easterly from the beginning of said line, thence north 66
degrees 17 minutes west 27.05 feet, thence south 58 de-
grees 41 minutes west 52.77 feet, thence south 31 degrees
19 minutes east 34.33 feet to connect with an existing gas
main near the northwest curb of Wilkens Avenue.

(b) Beginning for the center line thereof at a point on
the north 10 degrees 50 minutes east 648.53 feet line of
the firstly described description at the distance of 620.15
feet from the beginning of said line, thence north 79 de-
grees 10 minutes west 33.40 feet, north 20 degrees 44
minutes west 92.00 feet to connect with an existing gas
main near the southeast curb of Frederick Road.

(c) Beginning for the center line thereof at the dis-
tance of 178.54 feet northwesterly from the beginning of
the north 26 degrees 11 minutes west 246.04 feet line of

276 ORDINANCES Ord. No. 1007

the firstly described description and running thence south
63 degrees 49 minutes west 20 feet, thence north 26 de-
grees 11 minutes west 17 feet, thence north 10 degrees 11
minutes west 18 feet to connect with an existing gas main
near the south curb of Baltimore Street.

(d) Beginning for the center line thereof at a point
on the north 37 degrees 18 minutes west 321.62 feet line
of the firstly described description at the distance of 22.74
feet northwesterly from the beginning of said line and
running thence south 52 degrees 42 minutes west 14.54
feet, south 87 degrees 24 minutes west 245.52 feet and
south 2 degrees 36 minutes east 174.14 feet to connect with
an existing gas main near the north curb line of Edmond-
son Avenue.

(e) Beginning for the center line thereof at the end of
the north 13 degrees 39 minutes west 200.55 feet line of
the firstly described description and running thence north
09 degrees 15 minutes west 130.02 feet, north 30 degrees
20 minutes west 212.58 feet, north 18 degrees 53 minutes
west 177.88 feet, north 2 degrees 08 minutes west 530.54
feet, north 25 degrees 07 minutes east 300 feet to the
southwest side of Gwynns Falls, thence crossing said falls,
north 25 degrees 07 minutes east 65 feet to the northeast
side of said Falls,

Thence north 25 degrees 07 minutes east 35 feet to the
southwest side of Franklintown Road, thence crossing said
road north 25 degrees 07 minutes east 33.17 feet to the
northeast side of said road and at the southeast side of
Hilton Parkway, the coordinates thereof being north
1810.74 feet and west 16453.89 feet, thence north 30 de-
grees 23 minutes west 82.72 feet to the northwest side of
Hilton Parkway, thence parallel with and near the east
side of Park Road the five following courses and dis-
tances: north 5 degrees 35 minutes west 86.30 feet, north
24 degrees 10 minutes east 190.37 feet, north 00 degrees
07 minutes east 127.00 feet, north 10 degrees 46 minutes
west 511.30 feet, north 20 degrees 06 minutes west 168.85
feet, thence crossing said road north 00 degrees 44 min-
utes east 299.66 feet, thence generally parallel with and
near the northwest side of Hilton Parkway, the four fol-
lowing courses and distances; north 35 degrees 05 minutes

ORDINANCES 277

east 211.10 feet, north 30 degrees 42 minutes east 179.22
feet, north 37 degrees 17 minutes east 296.88 feet, north
22 degrees 40 minutes east 264.85 feet to a point near the
south side of North Avenue and thence north 2 degrees
46 minutes west to and crossing North Avenue 137.37
feet to a point near the north curb of North Avenue to
an existing gas main, said point being distant south 74
degrees 40 minutes west 28.14 feet from a standard survey-
marker of the topographical survey of Baltimore City No.
X-688 at -the northwest corner of Hilton Street and North
Avenue.

The courses in the above descriptions are referred to
the true meridian.

All as more particularly shown on four detailed survey
plats designated as Exhibits 1 to 4, inclusive, authenticated
copies of which are on file in the Department of Public
Works.

The exclusive use for public purposes of the land within
the area of the right of way easement is no longer needed.

Sec, 2. And be it further ordained, That nothing in this
ordinance shall be construed to prevent the Mayor and
City Council of Baltimore from utilizing any part or all
of the land included within the right of way hereby granted
for park, recreation, playground and highway purposes,
provided that no building or other structure be erected by
the Mayor and City Council of Baltimore within 20 feet
of the above described center line of said right of way.

Sec. 3. And be it further ordained, That the said gas
mains shall be laid, constructed and maintained under the
supervision and to the satisfaction of the Director of
Public Works of Baltimore City, who may in the public
interest direct or authorize minor deviations of location
from the center line described in Section 1 hereof.

278 ORDINANCES Ord. No. 1007

Sec. 5. And be it further ordained, That the said right
of way, permission and authority granted by this ordi-
nance shall be executed and enjoyed within six months
after the grant thereof.

Sec. 6. And be it further ordained, That the said gran-
tee, its successors and assigns, shall maintain the said gas
mains, valves, governors and appurtenances in good con-
dition during the period of this grant or any renewal
thereof.

Sec. 7. And be it further ordained, That the compensa-
tion to be paid by the said grantee, its successors and
assigns, for the right of way, permission and authority
hereby granted shall be the sum of TEN THOUSAND
DOLLARS ($10,000.00) per annum, payable in advance
during the continuance of said franchise and rights herein
granted.

Sec. 8. And be it further ordained, That noncompliance
at any time or times with any of the terms and conditions
of the grant hereby made shall, at the option of the Mayor
and City Council of Baltimore, operate as a forfeiture of
the same, which shall thereupon be and become void, and
that nothing short of an ordinance of the Mayor and City
Council of Baltimore shall operate as a waiver of any for-
feiture of the grant hereby made.

Sec. 9. And be it further ordained, That the said gran-
tee, its successors and assigns, shall be liable for and shall
indemnify and save harmless the Mayor and City Council
of Baltimore against any and all suits, losses, costs, claims,
damages or expenses to which the said Mayor and City
Council of Baltimore may from time to time be subjected
on account of, by reason of or in any way resulting from :

(a) The presence, construction, use, operation, mainte-
nance, or removal of said structures and facilities or any
of them; and/or

(b) Any failure on the part of said grantee, its suc-
cessors and assigns, to promptly and properly perform any
or all of its duties and obligations under the terms and
provisions of this ordinance.

ORDINANCES 279

Sec. 10. And be it further ordained, That upon the re-
quest of the grantee, its successors and assigns, at any time
within one year prior to the expiration of the rights hereby
granted, the Mayor and City Council of Baltimore shall,
by ordinance, renew said grant for an additional period
of twenty-five years subject to all of the terms and condi-
tions of this ordinance but on a fair revaluation of the
rights so granted, including in such revaluation the value
derived from the said rights.

Sec. 11. And be it further ordained, That notwithstand-
ing any other provision contained herein, it is not intended
that this ordinance shall grant any rights or franchises in
any existing streets or highways located within the City.
Nothing in this ordinance shall be held or taken to, in
any way, affect the present legal status of any existing
streets or highways, or as a recognition or acceptance of
any dedicated or alleged streets or highways.

Sec. 12. And be it further ordained, That Ordinance No.
446, approved October 3, 1973, be and the same is hereby
repealed; provided, however, that no claims, damages,
charges and/or liabilities which have arisen, accrued or
become due under said Ordinance No. 446, approved Oc-
tober 3, 1973, at any time or times prior to the effective
date of this ordinance, shall be in any way affected by the
enactment of this ordinance.

Sec. 13. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 11, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1008
(Council No. 2184)

An Ordinance providing for a supplementary loan fund
appropriation in the amount of Seven Million Five Hun-

280 ORDINANCES Ord. No. 1008

dred Thousand Dollars ($7,500,000) to the Department
of Housing and Community Development to be used for
financial loans in connection with acquisition and/or
improvement of real property for industrial purposes, in
accordance with the provisions of Article VI, Section
2(h) (3) of the Baltimore City Charter (1964 Revision).

Whereas, the Mayor and City Council of Baltimore was
authorized by Chapter 130 of the Laws of Maryland of
1978, by City Ordinance 791 approved June 26, 1978 and
by ratification of the voters of Baltimore City on Novem-
ber 7, 1978 to borrow an amount not to exceed Seven
Million Five Hundred Thousand Dollars ($7,500,000) and
to issue and sell certificates of indebtedness for the uses
and purposes set forth in said Chapter and Ordinance ; and

Whereas, the money appropriated herein represents the
issue of said certificates of indebtedness, such amount be-
ing in excess of the revenues estimated and relied upon by
the Board of Estimates in determining the tax levy re-
quired to balance the budget for the 1979 fiscal year and
are therefore available for appropriation to the Depart-
ment of Housing and Community Development pursuant
to the provisions of Article VI, Section 2(h)(3) of the
Baltimore City Charter (1964 Revision) ; and

Whereas, the supplementary loan fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a meeting of said Board held on the 31st day
of January, 1979, all in accordance with Article VI, Section
2(h) (3) of said Charter.

ORDINANCES 281

available as a supplementary loan fund appropriation shall
be expended from revenue derived from the issuance of
certificates of indebtedness as authorized by the voters of
Baltimore City on November 7, 1978, said amount being
in excess of the amount from this source which was esti-
mated or relied upon by the Board of Estimates in deter-
mining the tax levy required to balance the budget for
the 1979 fiscal year; and said funds shall be the source of
revenue for this supplementary loan fund appropriation,
as required by Article VI, Section 2 of the 1964 revised
Charter of Baltimore City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 11, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1009
(Council No. 2185)

An Ordinance authorizing the City Comptroller to sell at
either public or private sale in accordance with Article
V, Section 5(b) of the City Charter, all of the interest
of the Mayor and City Council of Baltimore in and to
that parcel of land and improvements known as No.
6200 Pulaski Highway, Baltimore, Maryland, subject to
an easement for municipal utilities and services, said
property being no longer needed for public use.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or
private sale in accordance with Article V, Section 5(b) of
the City Charter, all of the interest of the Mayor and City
Council of Baltimore in and to that parcel of land situate
in Baltimore, Maryland, and described as follows :

Beginning for the same at a point on the northwest side
of Pulaski Highway, as now laid out 152 feet wide, distant

282 ORDINANCES Ord. No. 1009

North 69°-17'-30" East 330.23 feet measured along the
northwest side of said Pulaski Highway from the intersec-
tion of the northwest side of said Pulaski Highway and
the line drawn parallel with and distant 150.00 feet south-
easterly measured at right angles from the base line of
right of way of the Baltimore Harbor Tunnel Thruway,
Patapsco Tunnel Project, formerly known as the Northeast
Expressway, said point of beginning also being the begin-
ning of the parcel of land conveyed by The Maryland
Wholesale Food Center Authority to the Mayor and City
Council of Baltimore by deed dated January 15, 1976 and
recorded among the Land Records of Baltimore City in
Liber R.H.B. No. 3310, Folio 696 and running thence
binding on the first line of the parcel of land described in
said deed, North 20°-40'-10" West 273.88 feet to the line
drawn concentric with and distant 150.00 feet southeast-
erly, measured radially from said base line of right of way ;
thence binding on party of said line so drawn and on part
of the second line of the parcel of land described in said
deed, there situate, as now surveyed, by a line curving to
the left with a radius of 7,789.44 feet the distance of 67.08
feet which arc is subtended by a chord bearing, North
27°-54'-52.4" East 67.08 feet; thence for new lines of divi-
sion through the parcel of land described in said deed the
two following courses and distances; namely, South 62°-19'-
56" East 225.04 feet and South 20°-42'-30" East 150.00
feet to the northwest side of said Pulaski Highway and
thence binding on the northwest side of said Pulaski High-
way, South 69°-17'-30" West 200.00 feet to the place of
beginning.

Containing 49,919.48 square feet or 1.1460 acres of land,
more or less.

All courses and distances in the above description are
referred to the true meridian as adopted by the Baltimore
Survey Control System.

Subject to an easement by the Mayor and City Council
of Baltimore, for municipal utilities and services, de-
scribed as follows:

Beginning for the same at a point on the line drawn
concentric with and distant 150.00 feet southeasterly,
measured radially from the base line of right of way of

ORDINANCES 283

the Baltimore Harbor Tunnel Thruway, Patapsco Tunnel
Project, formerly known as the Northeast Expressway,
said point of beginning being the beginning of the second
line of the parcel of land conveyed by The Maryland Whole-
sale Food Center Authority to the Mayor and City Council
of Baltimore by deed dated January 15, 1976 and recorded
among the Land Records of Baltimore City in Liber
R.H.B. No. 3310, Folio 696, and running thence binding
on part of said line so drawn and on part of the second
line of the parcel of land described in said deed, there
situate, as now surveyed, by a line curving to the left with
a radius of 7,789.44 feet the distance of 67.08 feet which
arc is subtended by a chord bearing North 27°-54'-52.4"
East 67.08 feet; thence binding on part on a new line of
division through the parcel of land described in said deed,
South 62°-19'-56" East 51.30 feet; thence by straight lines,
the two following courses and distances; namely, South
25°-34 , -00" West 65.81 feet and South 27°-25'-00" West
49.56 feet to intersect the first line of the parcel of land
described in said deed, to the end thereof, as now surveyed,
North 20°-40'-10" West 72.58 feet to the place of beginning.

Containing 4,833.86 square feet or 0.1110 acre of land,
more or less.

All courses and distances in the above description are
referred to the true meridian as adopted by the Baltimore
Survey Control System.

Said property being no longer needed for public use.

See* St And be it further ord^inod> That this ordinanc e

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kee» 6«st approved ky the €ity Solicitor.

Sec. 2. Be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
BEEN FIRST APPROVED BY THE CITY SOLICITOR.

SEC. 3. AND BE IT FURTHER ORDAINED, THAT
THIS ORDINANCE SHALL TAKE EFFECT FROM
THE DATE OF ITS PASSAGE.

Approved May 11, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

284 ORDINANCES Ord. No. 1010

No. 1010
(Council No. 2250)

An Ordinance granting permission and authority to the
Johns Hopkins University School of Medicine to con-
struct, maintain and use a reinforced concrete water
meter vault under the sidewalk on the southeast corner of
Wolfe and Madison Streets.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission and authority be and the
same is hereby granted to the Johns Hopkins University
School of Medicine, its successors and assigns, hereinafter
some-times referred to as "Grantee," to construct, main-
tain and use at its own cost and expense, for a period
not exceeding twenty-five years, a reinforced concrete water
meter vault for the installation of a neiv water meter to
serve the Basic Science Building.

Sec. 2. And be it further ordained. That the center line
of said reinforced concrete vault shall be located approxi-
mately 10 feet-0 inches ivest of iVGst EAST building line of
Wolfe Street and approximately 10 feet-6 inches south of
north SOUTH building line of Madison Street on the south-
east corner of Wolfe and Madison Streets. That said rein-
forced concrete vault shall be approximately 11 feet-2
inches long, 7 feet-6 inches wide, and 7 feet-10 inches ±
inches high, outside dimensions. The top of said structure
shall contain removable manhole cover for access.

That the structure authorized by this ordinance shall be
constructed of steel and concrete, and said structure shall be
constructed in all respects in accordance with the Building
Code of Baltimore City and shall be constructed, completed,
and maintained under the supervision and to the satisfac-
tion of both the Commissioner of Housing and the Board of
Public Works of Baltimore City and shall be, at all times
hereafter, subject to regulation and control by the said
Director of Public Works.

Sec. 3. And be it further ordained, That the franchise or
right granted by this ordinance shall be executed and
enjoyed within six (6) months after the grant.

ORDINANCES 285

Sec. 4. And be it further ordained, That the said Grantee,
its successors and assigns, shall pay to the said Mayor and
City Council of Baltimore, as compensation for the fran-
chise or privilege hereby granted the sum of SEVENTY-
FIVE DOLLARS AND NINETY-FOUR CENTS ($75.94)
per year, payable in advance during the continuance of
this franchise or privilege, or any renewal thereof; and
subject to the increase or decrease of this charge as pro-
vided in Section 3 herein.

Sec. 5. And be it further ordained, That the Mayor and
City Council of Baltimore hereby expressly reserves the
right and power, at all times, to exercise, in the interest of
the public, full municipal superintendence, regulation and
control in respect to all matters connected with this grant
and not inconsistent with the terms hereof. The franchise
herein granted shall be held, exercised and enjoyed for a
period of one year from the effective date of this ordinance,
with the further right to the Grantee to twenty-four (24)
consecutive one-year renewals of the franchise, each such
renewal to be for a period of one year, upon the same terms
and conditions as the original one-year grant, except as
otherwise provided herein. Each one year renewal period
shall take effect immediately upon the expiration of the
original or renewal term then in force, without any action
being taken on behalf of either the Mayor and City Council
of Baltimore or the Grantee, but the total period of time
during which the franchise shall operate, including the
original term and all renewals thereof, shall not exceed, in
the aggregate twenty-five years. Provided, that the Mayor
and City Council of Baltimore, acting by and through the
Board of Estimates, may increase or decrease the franchise
charge payable by the Grantee under the provisions hereof,
by giving written notice to that effect to the Grantee at
least one hundred and fifty (150) days prior to the ex-
piration of the original one-year term granted herein, or
any yearly renewal term herein granted and then in effect ;
any such increase or decrease of said franchise charge to be
operative as to all yearly renewal terms herein granted
which become effective after any increase or decrease in
said franchise charge has occurred. Provided, further, that
either the Mayor and City Council of Baltimore, acting by
and through the Director of Public Works, or the Grantee

286 ORDINANCES Ord. No. 1010

may terminate the franchise granted herein, by giving
written notice to that effect to the other, at least ninety
(90) days prior to the expiration of the original one-year
term granted herein or any one-year renewal term herein
granted and then in effect.

Sec. 6. And be it further ordained, That the said Grantee,
its successors and assigns, shall maintain the vault for
which the franchise is herein granted in good condition
throughout the full term of this grant and so long as said
structure shall exist at the location described herein.

Sec. 7. And be it further ordained, That non-compliance
with any of the terms or conditions of the grant hereby
made by the said Grantee, its successors and assigns, at
any time or times, shall, at the option of the Mayor and
City Council of Baltimore, operate as a forfeiture of said
grant, which shall thereupon be and become void, and
that nothing other than an ordinance of the Mayor and
City Council of Baltimore shall operate as a waiver of any
forfeiture of the grant hereby made.

Sec. 8. And be it further ordained, That the Mayor of
Baltimore City shall have the right to revoke without prior
notice, at any time or times, the rights and privileges
hereby granted when, in his judgment, the public interest,
welfare, safety, or convenience requires such revocation
and, upon written notice to that effect from the Mayor of
Baltimore served upon the Grantee hereunder, its suc-
cessors and assigns, all rights under this ordinance shall
cease and terminate.

Sec. 9. And be it further ordained, That in the event of
any revocation, forfeiture, or termination for any reason
whatsoever of the rights and privileges by this ordi-
nance granted, the said Grantee hereunder, its successors
and assigns, shall, at its or their expense, remove the re-
inforced concrete vault for which the franchise is herein
granted in a manner satisfactory to the Housing Commis-
sioner, Department of Housing and Community Develop-
ment, and the Director of Public Works of Baltimore City ;
such removal to be made without any compensation to the
Grantee, its successors and assigns, and to be completed

ORDINANCES 287

within such time as shall be specified in writing by the
said Director of Public Works.

Sec. 10. And be it further ordained, That said Grantee,
its successors and assigns shall pay all expenses, costs and
abandoned values in connection with the adjustment, aban-
donment or relocation of any utilities.

Sec. 11. And be it further ordained, That the said
Grantee,* its successors and assigns, shall be liable for and
shall indemnify and save harmless the Mayor and City
Council of Baltimore against any and all suits, losses, costs,
claims, damages, or expenses to which the said Mayor and
City Council of Baltimore City shall, from time to time,
be subjected on account of, or in any way resulting from :

A. The presence, construction, use, operation, mainte-
nance, alteration, repair, location, relocation, or removal
of the vault for which the franchise is herein granted ; and

B. The relocation, abandonment or adjustment of any
utilities; and

C. Any failure on the part of said Grantee, its successors
and assigns, to perform, promptly and properly, any of
the duties or obligations imposed upon it or them by the
terms and provisions of this ordinance.

Sec. 12. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 11, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1011
(Council No. 2253)

An Ordinance to condemn and open, certain streets and
alleys or portions thereof lying within the area of the
Jonestown Urban Renewal Project in accordance with
a plat thereof numbered, 311-A-11D, prepared by the

288 ORDINANCES Ord. No. 1011

Surveys and Records Division and filed in the Office of
the Department of Public Works, on the Second (2nd)
day of February, 1979, and now on file in said office.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn,
open, certain streets and alleys or portions thereof lying
within the area of the Jonestown Urban Renewal Project
the streets and alleys hereby directed to be condemned for
said opening being described as follows:

Sheet 1 of 1 comprising a 10 foot alley laid out 270.53
feet northeast of Fallsway and extending from Fayette
Street, Southeasterly 132 feet, to the end thereof and
designated as Parcel No. 1.

the said alley as directed to be condemned being more
particularly described and referred to among the Land
Records of Baltimore City and delineated and particularly
shown on a plat numbered 311-A-11E which was filed in
the Office of the Department of Public Works on the Sec-
ond (2nd) day of February in the year 1979, and is now
on file in said Office.

Sec. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to
the condemnation and opening of said alley and the pro-
ceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code
of Public Local Laws of Maryland and the Charter of Bal-
timore City (1964 Revision) as amended to July 1, 1973
and any and all amendments thereto, and any and all other
Acts of the General Assembly of Maryland, and any and
all ordinances of the Mayor and City Council of Baltimore,
and any and all rules or regulations in effect which have
been adopted by the Director of Public Works and filed
with the Department of Legislative Reference.

Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 11, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 289

No. 1012
(Council No. 2254)

An Ordinance to condemn and close certain streets and
alleys or portions thereof lying within the area of the
Jonestown Urban Renewal Project in accordance with a
plat thereof numbered 311-A-11E, prepared by the Sur-
veys and Records Division and filed in the Office of the
Department of Public Works, on the Second (2nd) day of
February, 1979, and now on file in said office.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn and
close certain streets and alleys or portions thereof lying
within the area of the Jonestown Urban Renewal Project
the streets and alleys hereby directed to be condemned for
said closing being described as follows :

Sheet 1 of 1 comprising a 10 foot alley laid out 270.53
feet northeast of Fallsway and extending from Fayette
Street, Southeasterly 132 feet, to the end thereof and desig-
nated as Parcel No. 1.

the said alley as directed to be condemned being more par-
ticularly described and referred to among the Land Records
of Baltimore City and delineated and particularly shown on
a plat numbered 311-A-11E which was filed in the Office of
the Department of Public Works on the Second (2nd) day
of February, in the year 1979 and is now on file in the said
Office.

Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the pro-
visions of this ordinance, all subsurface structures and
appurtenances now owned by the Mayor and City Council
of Baltimore, shall be and continue to be the property of
the Mayor and City Council of Baltimore, in fee simple,
until the use thereof shall be abandoned by the Mayor and
City Council of Baltimore, and in the event that any person,
firm or corporation shall first obtain permission and permits
therefor from the Mayor and City Council of Baltimore,
and shall in the application for such permission and permits

290 ORDINANCES Ord. No. 1012

agree to pay all costs and charges of every kind and nature
made necessary by such removal, alteration or interference.

Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordi-
nance until the subsurface structures and appurtenances
now owned by the Mayor and City Council of Baltimore,
over which said buildings or structures are proposed to
be constructed or erected shall have been abandoned or
shall have been removed and relaid in accordance with
the specifications and under the direction of the Director of
Public Works of Baltimore City, and at the expense of the
person or persons or body corporate desiring to erect such
buildings or structures. Railroad tracks shall be taken to be
"structures" within the meaning of this section.

Sec. 4. And be it further ordained. That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and appur-
tenances owned by any person, firm or corporation, other
than the Mayor and City Council of Baltimore, shall upon
notice from the Director of Public Works of Baltimore City,
be promptly removed by and at the expense of the said
owners.

Sec. 5. And be it further ordained, That on and after the
closing of said highway or highways, the said Mayor and
City Council of Baltimore, acting through its duly au-
thorized representatives, shall, at all times, have access to
said property and to all subsurface structures and appur-
tenances used by it therein, for the purposes of inspection,
maintenance, repair, alteration, relocation and/or replace-
ment, of any or all of said structures and appurtenances,
and this without permission from or compensation to the
owner or owners of said land.

ORDINANCES 291

all applicable provisions of Article 4 of the Code of Public
Local Laws of Maryland and the Charter of Baltimore City
(1964 Revision) as amended to July 1, 1973 and any and
all amendments thereto, and any and all other Acts of the
General Assembly of Maryland, and any and all ordinances
of the Mayor and City Council of Baltimore, and any and
all rules or regulations in effect which have been adopted
by the Director of Public Works and filed with the Depart-
ment of Legislative Reference.

Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 11, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1013
(Council No. 2333)

An Ordinance providing for a supplementary general fund
appropriation in the amount of Forty-Seven Thousand
Dollars ($47,000) to the Department of Social Services
to be used for processing backlogged food stamp appli-
cations in accordance with the new Federal Food Stamp
Act revisions implemented on January 1, 1979, in ac-
cordance with the provisions of Article VI, Section
2(h) (3) of the Baltimore City Charter (1964 Revision).

Whereas, the money appropriated herein represents
certain surplus general funds carried over from the pre-
ceding fiscal year which have become a part of the general
revenue of the City and available for the general expendi-
tures of the City in the current fiscal year, as provided in
Article VI, Section 2(i) of the 1964 revised Charter of
Baltimore City; and

Whereas, the additional sum here appropriated is for a
program included in the current principal Ordinance of
Estimates made necessary by a material change in circum-
stances since the formulation and adoption of such ordi-

292 ORDINANCES Ord. No. 1014

nance, in accordance with Article VI, Section 2(h) (3) of
said Charter; and

Whereas, the supplementary general fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
4th day of April, 1979, all in accordance with Article VI,
Section 2(h) (3) of said Charter.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2, of the 1964 revision of the Charter of Baltimore
City, the sum of Forty-seven Thousand Dollars ($47,000)
shall be made available to the Department of Social Serv-
ices of the City of Baltimore as a supplementary general
fund appropriation for the fiscal year ending June 30, 1979
for the purpose of processing backlogged food stamp ap-
plications in accordance with the new Federal Food Stamp
Act revisions implemented on January 1, 1979. The amount
thus made available as a supplementary general fund ap-
propriation shall be expended from surplus general funds
of the Mayor and City Council of Baltimore from fiscal
1978 operations above that which was relied upon in con-
nection with the fiscal 1979 budget; and said funds from
the said surplus shall be the source of revenue for this
supplementary general fund appropriation, as required by
Article VI, Section 2(h) (3) of the 1964 revised Charter of
Baltimore City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 11, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1014
(Council No. 1503)

An Ordinance approving an Urban Renewal Plan for Mont-
gomery, bounded generally by the proposed Interstate

ORDINANCES 293

Highway 395 on the west, Hill and Hughes Streets and
the rear lot lines of properties from 100-240 East Mont-
gomery Street on the north, Battery Avenue on the east,
Warren Avenue and Henrietta Street on the south;
authorizing the acquisition by purchase or by condemna-
tion by the Mayor and City Council of Baltimore, for
urban renewal purposes, of the fee simple interest or
any lesser interest in and to certain properties within
Montgomery; establishing standards applicable to prop-
erty rehabilitation and providing penalties for violat-
ing these standards; providing for review by the De-
partment of Housing and Community Development of
all plans for new construction, exterior rehabilitation,
or change in use within Montgomery; establishing pro-
cedures for the issuance and denial of demolition per-
mits ; providing that in selling land in Montgomery, the
Department of Housing and Community Development
shall require that developers agree in writing not to
discriminate in the sale, lease, use or occupancy of the
property developed by them against any person because
of race, creed, color, sex, or national origin; providing
that the approval of said Renewal Plan is not an en-
actment of any of the amendments to the Zoning Ordi-
nance proposed therein; waiving such requirements, if
any, as to content or procedure for the preparation,
adoption and approval of renewal plans as set forth in
Qrdinanco No* 452 approved tone 2S? 1 & 6 S? as amondod
to 4ate, SECTION 25 OF ARTICLE 13 OF THE BALTI-
MORE CITY CODE (1976 EDITION, AS AMENDED),
which the Renewal Plan for Montgomery may not meet;
providing for the separability of the various parts and
applications of this Ordinance ; providing that where the
provisions of this Ordinance shall conflict with any other
ordinance, code or regulation, the provision which es-
tablishes the higher standard shall prevail; and provid-
ing for the effective date hereof.

Whereas, the area known as "Montgomery", bounded
generally by the proposed Interstate Highway 395 on the
west, Hill and Hughes Streets and the rear lot lines of
properties from 100-240 East Montgomery Street on the
north, Battery Avenue on the east, Warren Avenue and
Henrietta Street on the south, lies within a portion of the

294 ORDINANCES Ord. No. 1014

Down-Town Urban Renewal Area, as designated by Ordi-
nance No. 1210 approved January 24, 1958, and last
amended by Ordinance No. 1586 approved July 9, 1958; and

Whereas, under Ordinance Nor 452 approved Juno 2Sy
1968; as amended by Ordinance Nor 32S approv e d May
Zh 43W, ARTICLE 13 OF THE BALTIMORE CITY
CODE (1976 EDITION, AS AMENDED), the Department
of Housing and Community Development is authorized to
prepare and administer renewal plans in renewal areas;
and

Whereas, the Department of Housing and Community
Development has prepared a Renewal Plan for Montgomery,
consisting of a cover page, a table of contents, fourteen
(14) pages of text, and four (4) exhibits; and

Whereas, the Renewal Plan for Montgomery was ap-
proved by the Director of the Department of Planning
on February 22, 1978 with respect to its conformity as
to the Master Plan; the detailed location of any public
improvements proposed in the Renewal Plan; its con-
formity to the rules and regulations for subdivisions; and
all zoning changes proposed in the Renewal Plan, and the
Renewal Plan was approved and recommended to the Mayor
and City Council of Baltimore by the Commissioner of the
Department of Housing and Community Development on
February 23, 1978; now, therefore,

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Urban Renewal Plan for the area
known as Montgomery, as hereinbelow more particularly
described, is hereby approved, and the Clerk of the City
Council is hereby directed to file a copy of said Renewal
Plan with the Department of Legislative Reference as a
permanent record and to make the same available for
public inspection and information.

Beginning for the same at the intersection of the north
side of W. Henrietta Street and the east side of S. Sharp
Street; thence from said point of beginning and binding
on the north side of W. Henrietta Street northwesterly to
the east side of 1-395 right-of-way; thence binding on the
east side of 1-395 right-of-way northerly to intersect the

ORDINANCES 295

north side of W. Hill Street; thence binding on the north
side of W. Hill Street easterly to the east side of S. Sharp
Street; thence binding on the east side of S. Sharp Street
southerly to the south side of W. Hughes Street, as ex-
tended; thence binding on the south side of W. Hughes
Street easterly, crossing S. Charles Street, and continuing
on the south side of E. Hughes Street easterly to intersect
the east side of Light Street ;

thence binding on the east side of Light Street southerly
to intersect the north side of E. Montgomery Street; thence
binding on the north side of E. Montgomery Street easterly
to the southwest corner of 102 E. Montgomery Street;
thence binding on the west lot line of 102 E. Montgomery
Street northerly to the northwest corner of 102 E. Mont-
gomery Street; thence binding on the north lot lines of
the properties 102 through 120 E. Montgomery Street
easterly to the northeast corner of 120 E. Montgomery
Street; thence binding on the west, north, and east lot
lines of the property known as 122-124 E. Montgomery
Street to the northwest corner of 126 E. Montgomery
Street; thence binding on the north lot lines of 126 and
128 E. Montgomery Street easterly to the east lot line of
128 E. Montgomery Street; thence binding on the east lot
line of 128 E. Montgomery Street southerly to intersect
the northwest corner of 130 E. Montgomery Street;
thence binding on the north lot lines of 130 and 132 E.
Montgomery Street easterly extending across William
Street to intersect the northwest corner of 200 E. Mont-
gomery Street; thence binding on the north lot lines of
200 and 200% E. Montgomery Street to intersect the west
lot line of 202 E. Montgomery Street; thence binding on
the west lot line of 202 E. Montgomery Street northerly to
intersect the northwest corner of 202 E. Montgomery
Street ; thence binding on the north lot lines of 202 through
240 E. Montgomery Street a»4 AS extended easterly across
Battery Avenue to intersect the east side of Battery Avenue ;
thence binding on the east side of Battery Avenue southerly
to intersect the north side of Warren Avenue ; thence bind-
ing on the north side of Warren Avenue westerly to inter-
sect the east side of Light Street; thence binding on a
straight line connecting said intersection with the inter-
section of the west side of Light Street and the south side
of E. Henrietta Street; thence binding on the south side

296 ORDINANCES Ord. No. 1014

of E. Henrietta Street westerly to intersect the east side
of the first 10-foot alley; thence binding on the east side
of said alley southerly to the south side of the first 2-foot
alley, as extended ; thence binding on the south side of said
alley westerly to intersect the east side of Harden Court;
thence binding on the east side of Harden Court southerly
to intersect the north side of E. Wheeling Street; thence
binding on the north side of E. Wheeling Street westerly
to intersect the east side of S. Charles Street; thence
binding on the east side of S. Charles Street northerly
to intersect the south side of E. Henrietta Street;
thence crossing S. Charles Street westerly on the south
side of E. Henrietta Street, as extended to the west side of
S. Charles Street; thence binding on the west side of S.
Charles Street northerly to intersect the south side of W.
Churchill Street; thence binding on the south side of
W. Churchill Street westerly to intersect the west side of
S. Hanover Street; thence binding on the west side of
S. Hanover Street northerly to the southeast corner of 800-
06 S. Hanover Street; thence binding on the south lot line
of 800-06 S. Hanover Street westerly to intersect the
east side of Bevan Street; thence binding on the east
side of Bevan Street northeasterly to intersect the south
lot line of 109 W. Montgomery Street, as extended; thence
binding on the south lot lines of 109, 111, and 113 W.
Montgomery Street northwesterly to intersect the east side
of Leadenhall Street; thence binding on the east side of
Leadenhall Street southwesterly to intersect the first 5-foot
alley south of W. Montgomery Street, as extended ;
thence binding on the south side of said alley northeasterly
to intersect the east side of Peach Street; thence binding on
the east side of Peach Street southwesterly to intersect
the north lot line of 803 S. Sharp Street, as extended ; thence
binding on the north lot line of 803 S. Sharp Street north-
westerly to the east side of S. Sharp Street ; thence binding
on the east side of S. Sharp Street southwesterly to the
point of beginning.

Sec. 2. And be it further ordained, That it is necessary
to acquire, by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser
interest in and to certain properties or portions thereof,
together with all right, title, interest, and estate that the

ORDINANCES

297

owner or owners of said property interest may have in
all streets, alleys, ways or lanes, public or private, both
abutting the whole area described and/or contained within
the perimeter of said area, situate in Baltimore City, Mary-
land, and not deemed necessary by the Director of the
Department of Public Works for the proposed Interstate
Highway 395, and described as follows:

42 East Churchill Street
44 East Churchill Street
46 East Churchill Street

202 West Henrietta Street

204 West Henrietta Street

206 West Henrietta Street

208 West Henrietta Street

210 West Henrietta Street

203

West Hill Street

205

West Hill Street

207

West Hill Street

209

West Hill Street

211

West Hill Street

213

West Hill Street

215

West Hill Street

217

West Hill Street

219

West Hill Street

221

West Hill Street

223

West Hill Street

225

West Hill Street

227

West Hill Street

229

West Hill Street

231

West Hill Street

233-35 West Hill Street

801 South Howard Street
807-09 South Howard Street
813 South Howard Street

103 West
105 West
107 West
109 West
111 West
115 West

Hughes Street
Hughes Street
Hughes Street
Hughes Street
Hughes Street
Hughes Street

298 ORDINANCES Ord. No. 1014

804-08 Light Street

45 East Montgomery Street

122 West Montgomery Street

124 West Montgomery Street

131 West Montgomery Street

139 West Montgomery Street

203 West Montgomery Street

205 West Montgomery Street

207 West Montgomery Street

209 W T est Montgomery Street

211 West Montgomery Street

213 West Montgomery Street

801 Plum Street

803 Plum Street

807 Plum Street

809 Plum Street

815 Plum Street

817 Plum Street

819 Plum Street

821 Plum Street
823 Plum Street
825 Plum Street
827 Plum Street
829 Plum Street
831 Plum Street
833 Plum Street

700 South Sharp Street

702 South Sharp Street

719 South Sharp Street

800 South Sharp Street

802 South Sharp Street

804 South Sharp Street
806 South Sharp Street

808 South Sharp Street

810 South Sharp Street
812 South Sharp Street
814 South Sharp Street

816 South Sharp Street

818 South Sharp Street

820 South Sharp Street

822 South Sharp Street

ORDINANCES 299

824 South Sharp Street

826 South Sharp Street

828 South Sharp Street

830 South Sharp Street

832 South Sharp Street

834 South Sharp Street

836 South Sharp Street

838 South Sharp Street

840 South Sharp Street

842 South Sharp Street

844 South Sharp Street

846 South Sharp Street

848 South Sharp Street

820 WILLIAM STREET

Sec. 3. And be it further ordained, That it is necessary
to acquire, by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser in-
terest including only the structure standing on the following
properties, and described as follows :

Billboard located on the structure at 2 East Montgomery
Street

Billboards located on the property at 22-34 East Mont-
gomery Street

Billboard locatod e» the structuro at 143 West Mont -
gomery Str ee t

Sec. 4. And be it further ordained, That it may be neces-
sary to acquire, by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser in-
terest in and to such of the remaining properties or portions
thereof, together with all right, title, interest and estate
that the owner or owners of said property interests may
have in all streets, alleys, ways or lanes, public or private,
both abutting the whole area described and/or contained
within the perimeter of said area in Montgomery not
specifically designated for acquisition in Sections 2 and 3
of this Ordinance, as may be deemed necessary and proper
by the Commissioner of the Department of Housing and
Community Development to effect the proper implementa-
tion of the project. These properties may include:

300 ORDINANCES Ord. No. 1014

(b) any property the owner of which is unable or un-
willing to comply or conform to the codes and ordinances
of Baltimore City within 12 months from the date of
written notice of the required improvements, the Depart-
ment of Housing and Community Development, after due
consideration that the property owner has failed to achieve
substantial conformity with the codes and ordinances of
Baltimore City, may acquire such property pursuant to
the Eminent Domain Law of this State as if the property
had originally been planned for acquisition after 90 days
written notice to the owner. The Department of Housing
and Community Development reserves the right to acquire
any such non-complying property for a period of two (2)
years from the date of said written 90 days notice by the
Department of Housing and Community Development.

Sec. 5. And be it further ordained, That it may be neces-
sary to acquire by purchase or by condemnation for urban
renewal purposes the fee simple interest, or any lesser
interest, in and to such of the remaining properties or
portions thereof, together with all right, title, interest,
and estate that the owner or owners of said property in-
terests may have in all streets, alleys, ways or lanes, public
or private, abutting said properties in Montgomery not
designated for acquisition in addition to those properties
enumerated in Sections 2, 3, and 4 of this ordinance, in
order to carry out rehabilitation by the Department of
Housing and Community Development because:

(a) it is necessary to make residential structures avail-
able for use for low- and moderate-income families; or

(b) rehabilitation on a structure-by-structure basis is
infeasible, and assemblage of a group of properties is re-
quired to carry out the objectives set forth in the Plan; or

(c) rehabilitation of individual, scattered properties is
necessary in order to remove blighting influences from
otherwise sound residential blocks.

ORDINANCES 301

Sec. 6. And be it further ordained, That upon acquisi-
tion of the properties mentioned in Sections 4 and 5 of this
ordinance, the Department of Housing and Community
Development will either:

(a) demolish the structure or structures thereon and
dispose of the land for redevelopment for uses in accordance
with the Plan; or

(b) sell or lease the property subject to rehabilitation
in conformance with the codes and ordinances of Baltimore
City; or

Sec. 7. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such persons and in such manner as the Board of
Estimates, in the exercise of the power vested in it by
Article V, Section 5, of the Baltimore City Charter, may
hereafter from time to time designate, is or are authorized
to acquire on behalf of the Mayor and City Council of
Baltimore and for the purposes described in this ordinance,
the fee simple interest or any lesser interest in and to the
properties or portions thereof hereinabove mentioned. If
the Real Estate Acquisition Division of the Department of
the Comptroller, or such person or persons and in such
manner as the Board of Estimates, in the exercise of the
power vested in it by Article V, Section 5, of the Baltimore
City Charter, may hereafter from time to time designate,
is or are unable to agree with the owner or owners on the
purchase price of said properties or portions thereof, it
or they shall forthwith notify the City Solicitor of Baltimore
City, who shall thereupon institute in the name of the
Mayor and City Council of Baltimore the necessary legal
proceedings to acquire by condemnation the fee simple in-
terest or any lesser interest in and to said properties or
portions thereof.

302 ORDINANCES Ord. No. 1014

Sec. 8. And be it further ordained, That over and above
the codes and ordinances of the City of Baltimore, the
following additional standards shall be applied to all prop-
erties within the project area, whether occupied or vacant,
and permits shall not be issued for modifications to prop-
erties in the project area unless the modifications conform
to the following standards :

1. Window and door openings in the front of occupied
buildings shall not be partially or wholly filled or boarded.

2. All structural and decorative elements visible from
public streets, including but not limited to, cornices, lintels,
fascias, sills, transoms, eaves, chimneys, dormers, steps,
railings, decorative glass, and pitched roofs shall be re-
paired or replaced in a workmanlike manner to match as
closely as possible the original materials and construction.

3. Enclosures or security grilles and screens should be
as inconspicuous as possible and compatible with other ele-
ments of the facade.

4. All exterior walls which have not been wholly or
partially resurfaced or built over shall be repaired and
cleaned or painted in a manner consistent with original
materials and construction. Painted masonry walls shall
have loose material removed and painted a single color
except for trim (cornice, window frames, door, etc.) which
may be another color. Patched walls shall match as closely
as possible the original surfaces as to material, color, bond,
and joining.

5. Resurfacing of existing brick facades with materials
such as formstone, wood siding, structural glass veneer,
aluminum siding or other materials shall not be permitted.

6. CLEANING OF MASONRY FACADES BY
MEANS OF SANDBLASTING SHALL NOT BE PER-
MITTED.

£r 7. Antennae, air conditioning equipment, grilles and
other contemporary elements shall be as inconspicuous as
possible.

& 8. Signs

Only signs identifying the business name or the use of
the property where they are installed shall be permitted.

ORDINANCES 303

Advertising by material or product manufacturers and
suppliers shall not be permitted. No billboards or outdoor
advertising of any kind shall be permitted.

Roof top signs, signs above the parapet of a building,
flashing signs, or moving signs, except barber poles, shall
not be permitted.

Flat signs placed parallel to the building face shall not
exceed one square foot of area for every linear foot of
frontage. "

One projecting sign shall be permitted for each establish-
ment provided it does not exceed six square feet in area.

Sec. 9. And be it further ordained, That any person
violating any of the provisions of Section 8 of this ordinance
shall be guilty of a misdemeanor and shall be subject to a
fine not exceeding One Hundred Dollars ($100.00) and
that each day's violation shall constitute a separate offense.

Sec. 10. And be it further ordained, That all plans for
new construction (including parking lots), exterior re-
habilitation, or change in use on any property not to be
acquired under the provisions of the Plan shall be sub-
mitted to the Department of Housing and Community
Development for review. Only upon finding that the pro-
posed plans are consistent with the objectives of the Urban
Renewal Plan shall the Commissioner of the Department of
Housing and Community Development authorize the pro-
cessing of the plans for issuance of a building permit.
The provisions of this section are in addition to and not in
lieu of all other applicable laws and ordinances relating to
new construction.

Sec. 11. And be it further ordained, That all applications
for demolition permits shall be submitted to the Depart-
ment of Housing and Community Development for review
and approval. Upon finding that the proposed demolition
is consistent with the objectives of the urban renewal plan,
the Commissioner of the Department of Housing and Com-
munity Development shall authorize the issuance of the
necessary permit. If the Commissioner finds that the pro-
posal is inconsistent with the objectives of the urban re-

304

ORDINANCES

Ord. No. 1014

newal plan and therefore denies the issuance of the permit,
within 90 days of such denial, he shall seek approval of
the Board of Estimates to acquire for and on behalf of the
Mayor and City Council of Baltimore the property, in
whole or in part, on which said demolition was to have
occurred by purchase, lease, condemnation, gift, or other
legal means for the renovation, rehabilitation and dispo-
sition thereof. In the event that the Board of Estimates
does not authorize the acquisition, the Commissioner shall,
without delay, issue the demolition permit.

Sec. 12. And be it further ordained, That in selling or
otherwise disposing of property in the Montgomery area,
the Department of Housing and Community Development
shall require that the developers agree in writing not to
discriminate in the sale, lease, use or occupancy of the
property developed by them against any person because of
race, creed, color, sex, or national origin.

Sec. 13. And be it further ordained, That the approval
of the Renewal Plan for Montgomery shall not be construed
as an enactment of such amendments to the Zoning Ordi-
nance as are proposed in the Renewal Plan.

Sec. 14. And be it further ordained, That in whatever
respect, if any, the Renewal Plan approved hereby for the
Montgomery area may not meet the requirements as to the
content of a Renewal Plan or the procedure for the prepa-
ration, adoption, and approval of Renewal Plans as provided
in Ordinance Ho? 442y approved Juno 23, 1968, a»4 Ordi -
aaaee No, Z25j approvod May g4y ±£Wr SECTION 25 OF
ARTICLE 13 OF THE BALTIMORE CITY CODE (1976
EDITION, AS AMENDED), the said requirements are
hereby waived and the Renewal Plan approved hereby is
exempted therefrom.

Sec. 15. And be it further ordained, That in the event
it be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance,
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application
of such provisions to other persons or circumstances shall
not be affected thereby, the Mayor and City Council hereby

ORDINANCES 305

declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the applica-
tion thereof so held invalid.

Sec. 16. And be it further ordained, That in any case
where a provision of this ordinance concerns the same sub-
ject matter as an existing provision of any zoning, build-
ing, electrical, plumbing, health, fire or safety ordinance
or code or regulation, the applicable provisions concerned
shall be construed so as to give effect to each; provided,
however, that if such provisions are found to be in irrecon-
ciliable conflict, the provision which establishes the higher
standard for the promotion and protection of the public
health and safety shall prevail. In any case where a pro-
vision of this ordinance is found to be in conflict with an
existing provision of any other ordinance or code or regu-
lation in force in the City of Baltimore which establishes
a lower standard for the promotion and protection of the
public health and safety, the provision of this ordinance
shall prevail, and the other existing provision of such other
ordinance or code or regulation is hereby repealed to the
extent that it may be found in conflict with this ordinance.

Sec. 17. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 14, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1015
(Council No. 2117)

An Ordinance to add new Section 6.2-lc-Vk to Article 30 of
the Baltimore City Code (1976 Edition, as amended),
title "The Zoning Ordinance of Baltimore City", subtitle
"Business Districts", AND TO ADD A NEW SECTION
13.0-2-5A TO THE SAME ARTICLE, SUBTITLE
"RULES AND DEFINITIONS", adding artisans , and

306

ORDINANCES

Ord. No. 1016

craft work to the list of conditional uses in the B-2 Dis-
trict AND DEFINING ARTISANS' AND CRAFT
WORK.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 6.2-lc-i/2 be and it is hereby
added to Article 30 of the Baltimore City Code (1976 Edi-
tion, as amended), title "The Zoning Ordinance of Bal-
timore City", subtitle "Business Districts", AND THAT
NEW SECTION 13.0-2-5A IS HEREBY ADDED, TO THE
SAME ARTICLE, SUBTITLE "RULES AND DEFINI-
TIONS" to read as follows :

6.2-lc

i/ 2 . Artisans' and craft work WITH NO MORE THAN
TWO EMPLOYEES.

13.0-2 DEFINITIONS

5A. ARTISANS' AND CRAFT WORK: WORK PRO-
DUCED BY PAINTERS, SCULPTORS, POTTERS,
CARVERS AND OTHERS ENGAGED IN THE CREA-
TION OF HANDCRAFTS AND ART OBJECTS. IN THE
B-2 DISTRICT WORK SHALL BE LIMITED TO ITEMS
PRODUCED ONE AT A TIME WITH NO MACHINE
ON THE SITE TO FACILITATE MASS PRODUCTION
AND ITEMS SHALL BE PRODUCED PRIMARILY FOR
SALE ON THE PREMISES.

Sec. 2. And be it further ordained, That this ordinance
shall take effect 30 days from the date of its passage.

Approved May 14, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1016
(Council No. 2373)

An Ordinance providing for a supplementary special fund
appropriation in the amount of Two Hundrod Sixty nino

ORDINANCES 307

Thousand Five Hundred Dollars ($269,500) THREE
HUNDRED NINE THOUSAND SIX HUNDRED
FIFTY DOLLARS ($309,650) to the Department of
Transit and Traffic to be used for installing a compu-
terized traffic accident report system, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).

Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
25th day of April, 1979, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-
more City, the sum of Two Hundr e d Sixty - nino Thousand
Five Hundrod Dollar s ($269,500) THREE HUNDRED
NINE THOUSAND SIX HUNDRED FIFTY DOLLARS
($309,650) shall be made available to the Department of
Transit and Traffic of the City of Baltimore as a supple-
mentary special fund appropriation for the fiscal year
ending June 30, 1979 for the purpose of installing a com-
puterized traffic accident report system. The amount thus
made available as a supplementary special fund appro-
priation shall be expended from a grant of funds to the
Mayor and City Council of Baltimore by the United States
Department of Transportation, said sum being specifically
allotted to the Mayor and City Council of Baltimore for
the aforesaid purpose; and said funds from said United
States Department of Transportation shall be the source
of revenue for this supplementary special fund appro-
priation, as required by Article VI, Section 2(h) of the
1964 revised Charter of Baltimore City.

308 ORDINANCES Ord. No. 1017

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1017
(Council No. 2131)

An Ordinance providing for a supplementary special fund
appropriation in the amount of Thirty Throo Million Two
Hundred Thirty Ono THIRTY-FOUR MILLION NINE
HUNDRED THIRTY-THREE Thousand Two Hundred
Dollars ( $33,231,200 $34,933,200) to the Department of
Housing and Community Development to be used for
carrying out capital improvements included in the Fed-
eral Community Development Block Grant Program for
Baltimore City (Year V), in accordance with the provi-
sions of Article VI, Section 2(h) (2) of the Baltimore
City Charter (1964 Revision).

Whereas, the money appropriated herein represents a
grant from a public source which could not be expected with
reasonable certainty at the time of the formulation of the
1978-1979 Ordinance of Estimates; and

Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
10th day of January 1979, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.

ORDINANCES 309

THIRTY-THREE Thousand Two Hundred Dollars ($SSr-
231,200 $34,933,200) shall be made available to the De-
partment of Housing and Community Development of the
City of Baltimore as a supplementary special fund appro-
priation for the fiscal year ending June 30, 1979 for the
purpose of carrying out capital improvements included in
the Federal Community Development Block Grant Pro-
gram for Baltimore City (Year V), provided that said
improvements shall consist of the following projects:

Barclay $ 536,700

Charles Center _ 30,000

Coldspring 1,000,000

Coldstream-Homestead-Montebello _.. 723,800

Druid Heights _ _ 259,500

East Baltimore Midway 23,000

Fells Point _ _ 193,000

Financial District ....... 40,000

Franklin Square _ 75,400

Fremont 1,040,000

Gay Street I : _ _ 46,100

Greenmount West _ , 38,200

Inner Harbor East _ „ 1,099,000

Inner Harbor I _ 807,000

Inner Harbor West 1,172,000

1,772,000

Johnson Square 141,800

Jonestown _ 215,100

Loft District _ 300,000

Mid-Town Belvedere _ 277,000

Middle East - _ _ 177,200

Montgomery _ _ 167,800

Mount Clare _ 278,600

Reservoir Hill _....„ _ 295,900

Mount Winans _ _ _...._ 344,000

Municipal Center _ _ _ 457,000

Retail District _ _ 35,000

Oldtown _ _ 715,000

Oliver 456,100

Orchard-Biddle _ _ _ 447,000

Park Heights _ _ 969,300

Patterson Park _ 98,500

Penn Lucy-Lower Govans _ 135,500

310

ORDINANCES

Ord. No. 1017

Poppleton 992,000

Ridgely's Delight _ 157,100

Sandtown-Winchester 1,488,900

Scottsville _ 287,100

Sharp-Leadenhall 775 ? 900

Upper Fells Point 402,000

Upton 466,800

Walbrook Shopping Center 2,100,000

2,400,000

Washington Hill-Chapel 601,600

Neighborhood Housing Services, Inc 448,000

Vacant House Program - 8,280.000

General Rehabilitation 400,000

Rehabilitation Aid _ 2,500,000

2,630,000

Economic Development 500,000

HCD Minority Programs _ _ 170,000

Special Projects for Neighborhoods 1,067,300

1,137,300
CONTINGENCY FOR INFLATION,

CONSTRUCTION COSTS - 602,000

The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by the
Federal Government, said sum being allotted to the Mayor
and City Council of Baltimore by the Federal Government
under Title I of the Housing and Community Development
Act of 1974 ; and said funds from said Federal Government
shall be the source of revenue for this supplementary special
fund appropriation, as required by Article VI, Section
2(h) (2) of the 1964 revised Charter of Baltimore City.

SEC. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 311

No. 1018
(Council No. 2132)

An Ordinance providing for a supplementary special fund
appropriation in the amount of Six Million Throo SIX
Hundred Fourtoon THIRTY-NINE Thousand Six Hun-
dred Dollars ( $6,314,600 $6,639,600) to the Department
of Housing and Community Development to be
used for carrying out operating activities included in
the Federal Community Development Block Grant Pro-
gram for Baltimore City (Year V), in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).

Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
10th day of January, 1979, all in accordance with Article
VI, Section 2(h) (2) of the 1964 revised Charter of Balti-
more City.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Six Million Throo SIX Hundred
Fourtoon THIRTY-NINE Thousand Six Hundred Dollars
( $6,311)600 $6,639,600) shall be made available to the De-
partment of Housing and Community Development of the
City of Baltimore as a supplementary special fund appro-
priation for the fiscal year ending June 30, 1979 for the
purpose of carrying out operating activities included in the
Federal Community Development Block Grant Program for
Baltimore City (Year V), provided that said sum of Six
Million Tteee SIX Hundred Fourtoon THIRTY-NINE
Thousand Six Hundred Dollars ( $6,314,600 $6,639,600)
shall be appropriated as follows :

312 ORDINANCES Ord. No. 1019

Program 177, Administration Direction

and Control $ 113,000

$ 129,000
Program 260, Construction and Building

Inspection 840,000

Program 581, Planning 560,000

644,000

Program 582, Land Development 250,000

Program 583, Neighborhood Development . . 1,099,600
Program 593, Community Support

Projects 3,452,000

3,677,000

The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by
the Federal Government, said sum being specifically al-
lotted to the Mayor and City Council of Baltimore for the
aforesaid purpose by the Federal Government under Title I
of the Housing and Community Development Act of 1974 ;
and said funds from said Federal Government shall be the
source of revenue for this supplementary special fund
appropriation, as required by Article VI, Section 2(h) of
the 1964 revised Charter of Baltimore City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1019
(Council No. 2133)

An Ordinance providing for a supplementary special fund
appropriation in the amount of Four Hundred Fifteen
Thousand Dollars ($415,000) to the Department of
Planning to be used for carrying out operating activities

ORDINANCES 313

included in the Federal Community Development Block
Grant Program for Baltimore City (Year V), in accord-
ance with the provisions of Article VI, Section 2(h) (2)
of the Baltimore City Charter (1964 Revision).

Whereas, the money appropriated herein represents a
grant from a public source which could not be expected
with reasonable certainty at the time of the formulation
of the 1&78-1979 Ordinance of Estimates ; and

Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
10th day of January, 1979, all in accordance with Article
VI, Section 2(h) (2) of the 1964 revised Charter of Balti-
more City.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, that under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Four Hundred Fifteen Thou-
sand Dollars ($415,000) shall be made available to the
Department of Planning of the City of Baltimore as a
supplementary special fund appropriation for the fiscal
year ending June 30, 1979 for the purpose of carrying out
operating activities included in the Federal Community
Development Block Grant Program for Baltimore City
(Year V).

The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by the
Federal Government, said sum being specifically allotted
to the Mayor and City Council of Baltimore for the afore-
said purpose by the Federal Government under Title I of
the Housing and Community Development Act of 1974;
and said funds from said Federal Government shall be the
source of revenue for this supplementary special fund
appropriation, as required by Article VI, Section 2(h) of
the 1964 revised Charter of Baltimore City.

314 ORDINANCES Ord. No. 1020

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1020
(Council No. 2187)

An Ordinance to amend the Urban Renewal Plan for Mount
Clare, which Plan was originally approved by Ordinance
No. 619, dated May 30, 1974, and last amended by Ordi-
nance No. 336, dated June 15, 1977, to, among other
things: (1) modify the eastern boundary of the project
area to include 200 Scott Street and a portion of 250
Scott Street; (2) authorize the acquisition of certain
properties by the Mayor and City Council of Baltimore,
by purchase or by condemnation, for urban renewal pur-
poses; (3) change the land use of certain properties;
(4) recommend zoning district changes and identify
non-conforming uses effected thereby; (5) identify non-
complying land uses and add provisions in the Plan for
said uses; (6) modify the boundaries of two existing
residential development lots, and create six new develop-
ment lots for residential and/or public park use; (7)
establish and/or revise certain procedures concerning
review of plans by the community and the Department
of Housing and Community Development; (8) include
provisions regarding relocation; (9) revise the language
regarding procedures for changes in the Renewal Plan
to reflect the passage of Ordinance 325, dated May 31,
1977; (10) revise the Appendices and Exhibits attached
to said Renewal Plan to reflect certain changes contained
therein; (11) waive such requirements, if any, as to
content or procedure for the preparation, adoption, and
approval of renewal plans as set forth in Section 25 of
Article 13 of the Baltimore City Code (1976 Edition, as
amended), which the Renewal Plan for Mount Clare
may not meet; (12) provide that the approval of Amend-

ORDINANCES 315

ment No. 3 to the Urban Renewal Plan for Mount Clare
shall not be construed as an enactment of such amend-
ments to the Zoning Ordinance as are proposed in said
Urban Renewal Plan; (13) provide that where the pro-
visions of this ordinance shall conflict with any other
ordinance, code or regulation, the provision which es-
tablishes the higher standard shall prevail; (14) provide
for the severability of the various parts and applica-
tions of this ordinance; and (15) provide for the effec-
tive date hereof.

Whereas, an Urban Renewal Plan for Mount Clare was
first approved by the Mayor and City Council of Baltimore
by Ordinance No. 619, dated May 30, 1974 and last amended
by Ordinance No. 336, dated June 15, 1977 ; and

Whereas, pursuant to Section 25, Article 13 of the Bal-
timore City Code (1976 Edition, as amended), no substan-
tial change or changes shall be made in any renewal plan,
after approval by ordinance, without such change or
changes first being adopted and approved in the same man-
ner as set forth in said Section 25 for the approval of re-
newal plans, namely the preparation of such change or
changes by the Department of Housing and Community
Development, the approval of such change or changes by
the Director of the Department of Planning, and approval
and adoption by an ordinance of the Mayor and City
Council of Baltimore after a public hearing in relation
thereto, all in the manner set forth in said Section 25; and

Whereas, extensive changes in the Renewal Plan for
Mount Clare make it infeasible to make line-by-line
changes; therefore, the Department of Housing and Com-
munity Development has prepared an amended Urban Re-
newal Plan for Mount Clare ; and

Whereas, said amended Renewal Plan for Mount Clare
has been approved by the Director of the Department of
Planning with respect to its conformity as to the Master
Plan, the detailed location of any public improvements
proposed in the amended Renewal Plan, its conformity to
the rules and regulations for subdivisions, and all zoning
changes proposed in the amended Renewal Plan; and the
said amended Renewal Plan has been approved and rec-

316 ORDINANCES Ord. No. 1020

ommended to the Mayor and City Council of Baltimore
by the Commissioner of the Department of Housing and
Community Development; now, therefore,

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the amended Urban Renewal Plan for
Mount Clare, identified as "Urban Renewal Plan, Mount
Clare . . . revised to include Amendment No. 3, dated
January 2, 1979", is hereby approved and the Clerk of the
City Council is hereby directed to file a copy of said
amended Urban Renewal Plan with the Department of
Legislative Reference as a permanent public record and to
make the same available for public inspection and in-
formation.

Sec. 2. And be it further ordained, That the eastern
boundary of the Mount Clare Urban Renewal Area shall
be revised to include 200 Scott Street and a portion of 250
Scott Street, said boundary to extend westerly to the west
side of Scott Street and southerly to the north side of the
former bed of McHenry Street; therefore, Section 2 of
Ordinance 619, dated May 30, 1974, is hereby amended to
read as follows:

Beginning for the same at the intersection of the west
side of South Carey Street and the north side of West Lom-
bard Street ; thence from said point of beginning and bind-
ing on the north side of West Lombard Street easterly to
intersect the west side of Scott Street; thence binding on
the west side of Scott Street southerly to intersect the
northern property line of 102 Scott Street; thence binding
on the northern property line of 102 Scott Street westerly
to intersect the eastern property line of 841 West Lombard
Street; thence binding on the eastern property line of 841
West Lombard Street and the extension of said property
line southerly to intersect the south side of Lemmon Street ;
thence binding on the south side of Lemmon Street west-
erly to intersect the eastern property line of 802-806 West
Pratt Street; thence binding on the eastern property line
of 802-806 West Pratt Street [and the extension of said
property line] southerly to intersect the [south] north side
of West Pratt Street ; thence binding on the [south] north
side of West Pratt Street [westerly to intersect the east

ORDINANCES 317

side of Parkin Street;] easterly to intersect the west side
of Scott Street; thence binding on the west side of Scott
Street southerly to intersect the north side of the former
bed of McHenry Street; thence binding on the north side
of the former bed of McHenry Street westerly to intersect
the east side of Parkin Street; thence binding on the east
side of Parkin Street southerly to intersect the south side
of the former bed of McHenry Street; thence binding on
the south side of the former bed of McHenry Street west-
erly to intersect the western property line of 823 McHenry
Street; thence binding on the western property line of 823
McHenry Street and the extension of said property line
southerly, westerly, and southerly again to intersect the
south side of Ramsay Street; thence binding on the south
side of Ramsay Street easterly to intersect the eastern
property line of 877 Ramsay Street ; thence binding on the
eastern property line of 877 Ramsay Street southerly to
the point of intersection of the north side of Clifford
Street and the east side of Callender Street; thence bind-
ing on the east side of Callender Street southerly to inter-
sect the north side of Washington Boulevard; thence bind-
ing on the north side of Washington Boulevard westerly to
intersect the western property line of 1100 Washington
Boulevard; thence binding on the western property line of
1100 Washington Boulevard northerly to intersect the
south side of the first 10-foot alley; thence binding on the
south side of said 10-foot alley westerly to intersect the
extension of the west side of the first 5-foot alley; thence
binding on the west side of said 5-foot alley and the ex-
tension of the west side of said 5-foot alley northerly to
intersect the north side of Sargeant Street; thence binding
on the north side of Sargeant Street easterly to intersect
the eastern property line of 1102 Sargeant Street; thence
binding on the eastern property line of 1102 Sargeant
Street northerly to intersect the south side of the first 4-
foot alley; thence binding on the south side of said 4-foot
alley westerly to intersect the eastern property line of
1110 Sargeant Street; thence binding on the eastern prop-
erty line of 1110 Sargeant Street northerly to intersect the
south side of James Street; thence binding on the south
side of James Street westerly to intersect the eastern
property line of 1181-1183 James Street; thence binding on
the eastern property line of 1181-1183 James Street south-

318 ORDINANCES Ord. No. 1020

erly to intersect the southern property line of 1181-1183
James Street; thence binding on the southern property
lines of 1181-1183 James Street and 1185 James Street
westerly to intersect the east side of West Ostend Street;
thence binding on the east side of West Ostend Street
southerly to intersect the extension of the south side of
the first 10-foot alley south of James Street; thence cross-
ing West Ostend Street on the extension of the south side
of said 10-foot alley and binding on the south side of said
10-foot alley westerly to intersect the extension of the
western property line of 1201 James Street ; thence binding
on the extension of and the western property line of 1201
James Street northerly to intersect the south side of James
Street; thence binding on the south side of James Street
westerly to intersect the extension of the west side of the
first 10-foot alley west of West Ostend Street; thence
crossing James Street on the extension of the west side of
said 10-foot alley and binding on the west side and the
extension of the west side of said alley northerly to inter-
sect the north side of Glyndon Avenue; thence binding on
the north side of Glyndon Avenue easterly to intersect the
western property line of 1200 Glyndon Avenue; thence
binding on the western property line of 1200 Glyndon
Avenue northerly to intersect the south side of the first
10-foot alley; thence binding on the south side of said
10-foot alley and the extension of the south side of said
alley westerly to intersect the west side of South Carey
Street ;

thence binding on the west side of South Carey Street
northwesterly and northerly to intersect the southern prop-
erty line of 1307 Ramsay Street; thence binding on the
southern property line of 1307 Ramsay Street southerly
and westerly to intersect the south side of the first 3-foot
alley; thence binding on the south side of said 3-foot alley
westerly to intersect the extension of the western property
line of 1325 Ramsay Street; thence binding on the exten-
sion of and the western property line of 1325 Ramsay
Street northerly to intersect the south side of Ramsay
Street; thence binding on the south side of Ramsay Street
easterly to intersect the extension of the west side of South
Woodyear Street; thence binding on the extension of and
the west side of South Woodyear Street northerly to inter-

ORDINANCES 319

sect the north side of McHenry Street; thence binding on
the north side of McHenry Street easterly to intersect the
western property line of 1304 McHenry Street; thence
binding on the western property line of 1304 McHenry
Street northerly to intersect the south side of the first 3-
foot alley; thence binding on the south side of said 3-foot
alley westerly to intersect the west side of the first 12-foot
alley; thence binding on the west side and the extension
of the west side of said 12-foot alley northerly to intersect
the north side of the first 10-foot alley; thence binding on
the north side of said 10-foot alley westerly to intersect
the western property line of 1311 West Pratt Street;
thence binding on the western property line of 1311 West
Pratt Street northerly to intersect the south side of West
Pratt Street; thence binding on the south side of West
Pratt Street easterly to intersect the extension of the west
side of the second 3-foot alley west of South Carey Street ;
thence binding on the extension of and the west side of
said 3-foot alley northerly to intersect the north side of
Lemmon Street; thence binding on the north side of Lem-
mon Street easterly to intersect the west side of South
Carey Street; thence binding on the west side of South
Carey Street northerly to the point of beginning.

Sec. 3. And be it further ordained, That it may be
necessary to acquire, by purchase or by condemnation for
urban renewal purposes, the fee simple interest or any
lesser interest in and to certain properties or portions
thereof, together with all right, title, interest, and estate
that the owner or owners of said property interests may
have in all streets, alleys, ways or lanes, public or private,
both abutting the whole area described and/or contained
within the perimeter of said area, situate in Baltimore
City, Maryland, provided that said properties or portions
thereof are not deemed necessary by the Director of the
Department of Public Works for highway purposes, and
described as follows :

104 S. Amity Street
106 S. Amity Street
108-114 S. Amity Street

124 S. Arlington Avenue

118 S. Carey Street

320 ORDINANCES Ord. No. 1020

1310-1326 W. Cross Street

915 Lemmon Street

919 Lemmon Street
921 Lemmon Street
923 Lemmon Street
925 Lemmon Street
927 Lemmon Street
928-930 Lemmon Street
929 Lemmon Street
931 Lemmon Street
933 Lemmon Street

921 W. Lombard Street
923 W. Lombard Street
925 W. Lombard Street
1227 W. Lombard Street
1229 W. Lombard Street

109 PARKIN STREET

110 Parkin Street
114-116 Parkin Street
125 Parkin Street

129 S. Poppleton Street
318 S. Poppleton Street
320 S. Poppleton Street

838 W. Pratt Street

854 W. Pratt Street

862 W. Pratt Street

916 W. Pratt Street
918 W. Pratt Street

920 W. Pratt Street

922 W. Pratt Street
1130 W. Pratt Street
1132 W. Pratt Street
1208 W. Pratt Street

200 Scott Street

ORDINANCES 321

may hereafter from time to time designate, is or are
authorized to acquire on behalf of the Mayor and City
Council of Baltimore and for the purposes described in
this ordinance, the fee simple interest or any lesser in-
terest in and to the properties or portions thereof herein-
above mentioned. If the said Real Estate Acquisition Divi-
sion of the Department of the Comptroller, or such person
or persons, and in such manner as the Board of Estimates
in the exercise of the power vested in it by Article V,
Section 5, of the Baltimore City Charter, may hereafter
from time to time designate, is or are unable to agree with
the owner or owners on the purchase price for said prop-
erties or portions thereof, it or they shall forthwith notify
the City Solicitor of Baltimore City, who shall thereupon
institute in the name of the Mayor and City Council of
Baltimore the necessary legal proceedings to acquire by
condemnation the fee simple interest or any lesser interest
in and to said properties or portions thereof.

Sec. 5. And be it further ordained, That the approval
of Amendment No. 3 to the Urban Renewal Plan for
Mount Clare shall not be construed as an enactment of
such amendments to the Zoning Ordinance as are proposed
in said Urban Renewal Plan.

Sec. 6. And be it further ordained, That in whatever
respect, if any, the Renewal Plan approved hereby for the
Mount Clare area may not meet the requirements as to
the content of a renewal plan or the procedure for the
preparation, adoption, and approval of renewal plans as
provided in Section 25, Article 13 of the Baltimore City
Code (1976 Edition, as amended), the said requirements
are hereby waived and the amended Renewal Plan ap-
proved hereby is exempted therefrom.

Sec. 7. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause, sen-
tence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
in invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall
not be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining

322 ORDINANCES Ord. No. 1021

provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the applica-
tion thereof so held invalid.

Sec. 8. And be it further ordained, That in any case
where a provision of this ordinance concerns the same sub-
ject matter as an existing provision of any zoning, build-
ing, electrical, plumbing, health, fire or safety code or
regulation, the applicable provisions concerned shall be
construed so as to give effect to each; provided, however,
that if such provisions are found to be in irreconcilable
conflict, the provision which establishes the higher stand-
ard for the promotion of the public health and safety shall
prevail. In any case where a provision of this ordinance is
found to be in conflict with an existing provision of any
other ordinance or code or regulation in force in the City
of Baltimore which establishes a lower standard for the
promotion and protection of the public health and safety,
the provision of this ordinance shall prevail, and the other
existing provision of such other ordinance or code or regu-
lation is hereby repealed to the extent that it may be found
in conflict with this ordinance.

Sec. 9. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1021
(Council No. 2206)

An Ordinance to waive the provisions of Paragraph 4711 of
Article 32 of Baltimore City Code (1976 Edition), title
"Building Regulations", said article being known gen-
erally as the Building Code of Baltimore City, and also
to waive any other pertinent and conflicting provisions
of said Article 32, as amended, in order to permit the
construction of ADDITIONS AND ALTERATIONS TO

ORDINANCES 323

wood frame storage building BUILDINGS by the Weyer-
haeuser Company, Inc., on property known as 2901
Childs Street.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, that as applicable to the proposed structur e
to be toitt ADDITIONS AND ALTERATIONS TO EX-
ISTING STRUCTURES, at 2901 Childs Street, Baltimore,
Maryland^to be used primarily for the storage and ware-
housing of wood products on a wholesale basis for resale
to retailers, the provisions of certain paragraphs of Article
32 of the Baltimore City Code (1976 Edition) , title "Build-
ing Regulations", said article being known generally as the
Building Code of Baltimore City, as heretofore amended,
be and they are hereby waived as follows :

The provisions of Paragraph 4711 of said Article 32 and
also any other pertinent and conflicting provisions of said
Article 32, as heretofore amended, be and they are hereby
waived insofar as they impose certain maximum volume
limitations on certain types of industrial STORAGE
buildings.

The waivers herein set forth shall be effective only as to
the proposed Weyerhaeuser Company Customer Service
Center which w4li contain approximately 1,250^000 cubic
feet a»4 w4ii be a maximum of ose story i» h e ight* SHALL
BE DIVIDED BY A FIRE WALL SO THAT THE MAX-
IMUM VOLUME IN A FIRE DIVISION SHALL NOT
EXCEED 3,000,000 CUBIC FEET. THE STRUCTURE
SHALL BE A MAXIMUM OF ONE STORY IN HEIGHT
AND THE ADDITIONS SHALL NOT BE MORE THAN
50 FEET HIGH.

The structure shall be constructed of wood and wood
products in accordance with the "wood frame" classifica-
tion for storage buildings as described in Article 32.

This building ENTIRE STRUCTURE shall be sprink -
tee4 EQUIPPED THROUGHOUT WITH AN AP-
PROVED AUTOMATIC SPRINKLER SYSTEM, be set
back 120' from all property lines and shall meet all other
provisions of the Baltimore City Code in regard to fire
reetrictivonoss PROTECTION and safety.

324 ORDINANCES Ord. No. 1022

Except for the specific provisions of this ordinance, all
other provisions of said Building Code and all other laws
and ordinances of Baltimore City applicable hereto shall be
observed in the construction of these improvements.

Sec. 2. And be it further ordained, that this ordinance
shall take effect from the date of its passage.

Approved May 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1022
(Council No. 2306)

An Ordinance to repeal and reordain with amendments
Section 30(2) of Article 22 of the Baltimore City Code
(1976 Edition, as amended) title "Retirement System",
subtitle "Fire and Police Employees", extending the time
during which school crossing guards may transfer to the
Employees' Retirement System.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 30(2) of Article 22 of the Balti-
more City Code (1976 Edition, as amended) title "Retire-
ment Systems", subtitle "Fire and Police Employees", be
and it is hereby repealed and reordained with amendments
to read as follows :

30. Definitions

(2) "Employee" shall mean any officer or employee of
the Department of Aviation, of the Police Department or
of the Fire Department of Baltimore City, except as here-
inafter excluded, whose compensation is paid by the Mayor
and City Council of Baltimore, by whatever authority
appointed. It shall exclude any officer or employee of these
departments for whose benefit the Mayor and City Council
of Baltimore makes contribution as required under the
Social Security System, established by Act of Congress,

ORDINANCES 325

known generally as "The Social Security Act of 1935", as
amended from time to time.

However, any school crossing guard who was a member
of this system on July 1, 1976, shall remain a member of
this system as long as said member continues to be em-
ployed by the City of Baltimore in a job performing duties
substantially similar to those previously performed by
school crossing guards employed by the Baltimore City
Police Department. Furthermore, on or before [September
1, 1978] January 1, 1980, said member may voluntarily
elect to transfer his or her membership to the Employees*
Retirement System of the City of Baltimore. Notwith-
standing anything to the contrary contained in paragraph
(2) of this section, said school crossing guards who remain
as members of this system, shall not be disqualified from
membership in this system by subsequently being required
to make contributions to the Social Security System.

In all cases of doubt, The Board of Trustees shall decide
who is an employee within the meaning of this subtitle.

Sec. 2. And be it further ordained, That this ordinance
shall take effect on the date of its passage.

Approved May 16, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1023
(Council No. 2134)

An Ordinance providing for a supplementary special fund
appropriation in the amount of Six Million Six Hundred
Eighty Eight SEVEN MILLION SIXTEEN Thousand
Dollars ( $6,688,000 $7,016,000) to the Urban Services
Agency to be used for carrying out operating activities
included in the Federal Community Development Block
Grant Program for Baltimore City (Year V), in ac-
cordance with the provisions of Article VI, Section
2(h) (2) of the Baltimore City Charter (1964 Revision).

326 ORDINANCES Ord. No. 1023

Whereas, the supplementary special fund appropria-
tion ordained herein has been recommended to the City
Council by the Board of Estimates, said recommendation
having been made at a regular meeting of said Board held
on the 10th day of January, 1979, all in accordance with
Article VI, Section 2(h)(2) of the 1964 revised Charter
of Baltimore City.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Six Million Six Hundr e d Eighty ■
eight SEVEN MILLION SIXTEEN Thousand Dollars
( $6,688,000 $7,016,000) shall be made available to the
Urban Services Agency as a supplementary special fund
appropriation for the fiscal year ending June 30, 1979 for
the purpose of carrying out operating activities included
in the Federal Community Development Block Grant Pro-
gram for Baltimore City (Year V), provided that said sum
of Six Million Six Hundred Eighty oight SEVEN MIL-
LION SIXTEEN Thousand Dollars ( $6,688,000 $7,016,000)
shall be appropriated as follows :

Program 119, Community Center

Administration $ 516,000

Program 171, Administration 867,300

1,188,200
$1,366,200

Program 172, USA Neighborhood

Organizations 617,200

725,400

Program 2SGj USA Logal Assistance 210,000

Program 326, USA Health 383,000

205,100

Program 376, USA Social Services 1,813,400

1,933,100

ORDINANCES 327

Program 396, USA Family and

Community Services 245,000

249,200

349,200
Program 426, USA Education 795,800

614,000

664,000
Program 496, USA Recreation 802,000

903,100
Program 576, USA Business Assistance .... 154,300

152,600
Program 578, USA Housing 284,000

201,300

The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by
the Federal Government, said sum being specifically al-
lotted to the Mayor and City Council of Baltimore for the
aforesaid purpose by the Federal Government under Title
I of the Housing and Community Development Act of
1974 ; and said funds from said Federal Government shall
be the source of revenue for this supplementary special
fund appropriation, as required by Article VI, Section
2(h) of the 1964 revised Charter of Baltimore City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1024
(Council No. 2177)

An Ordinance approving the Urban Renewal Plan for an
area situate in Baltimore City, Maryland, known as the
Mondawmin Transit Station Urban Renewal Area,
bounded generally by Towanda Avenue, Provident Hos-

328 ORDINANCES Ord. No. 1C24

pital, Tioga Parkway and the Western Maryland Railway
on the west, Gwynns Falls Parkway on the south, Wood-
brook Avenue and Reisterstown Road on the east, and
Druid Park Drive on the north; revising the boundary
description to correct certain technical errors; adding,
deleting and/or revising the objectives to be met in imple-
menting the Plan; REVISING THE PROVISIONS RE-
GARDING REVIEW BY THE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT OF
ALL PLANS FOR NEW CONSTRUCTION, EX-
TERIOR REHABILITATION, DEMOLITION AND
CHANGE IN USE OF PROPERTY IN THE MON-
DAWMIN TRANSIT STATION URBAN RENEWAL
AREA; authorizing the acquisition by purchase or by
condemnation, for urban renewal purposes, of the fee
simple interest or any lesser interest in and to certain
properties within the Mondawmin TRANSIT Station
Urban Renewal Area; ESTABLISHING STANDARDS
FOR NON-RESIDENTIAL PROPERTIES DESIG-
NATED FOR REHABILITATION, IN ADDITION TO
VARIOUS CODES AND ORDINANCES OF THE
CITY OF BALTIMORE; PROVIDING PENALTIES
FOR VIOLATING THESE ADDITIONAL NON-RESI-
DENTIAL REHABILITATION STANDARDS ; provid-
ing that in selling land in the Area, the Department of
Housing and Community Development shall require that
developers agree in writing not to discriminate in the
sale, lease, use or occupancy of the property developed
by them against any person because of national origin,
race, religion, sex or color; providing that the approval
of said Renewal Plan is not an enactment of such
amendments to the Zoning Ordinance as are proposed
in the Renewal Plan; waiving such requirements,
if any, as to content or procedure for the preparation,
adoption and approval of renewal plans as set forth in
Section 25 of Article 13 of the Baltimore City Code (1976
Edition, as amended) which the Renewal Plan for the
Mondawmin Transit STATION Urban Renewal Area
may not meet; providing for the separability of the
various parts and applications of this ordinance; pro-
viding that where the provisions of this ordinance shall
conflict with any other ordinance, code or regulation,

ORDINANCES 329

the provision which establishes the higher standard shall
prevail; and providing for the effective date hereof.

Whereas, the area known as "Mondawmin Transit Sta-
tion " , bounded generally by Towanda Avenue, Provident
Hospital, Tioga Parkway and the Western Maryland Rail-
way on the west, Gwynns Falls Parkway on the south,
Woodbrook Avenue and Reisterstown Road on the east, and
Druid Park Drive on the north, was designated a "Renewal
Area" by Ordinance No. 383, approved June 28, 1977; and

Whereas, under Section 25 of Article 13 of the Baltimore
City Code (1976 Edition as amended) the Department of
Housing and Community Development is authorized to pre-
pare and administer renewal plans in renewal areas ; and

Whereas, the Department of Housing and Community
Development has prepared a Renewal Plan for the Mondaw-
min Transit Station area, consisting of a cover page, a table
of contents, 14 pages of text and four exhibits ; and

Whereas, the Renewal Plan for the Mondawmin Transit
Station area was approved by the Director of the Depart-
ment of Planning with respect to its conformity as to the
Master Plan, the detailed locations of any public improve-
ments proposed in the Renewal Plan, its conformity to the
rules and regulations for subdivisions, and all zoning
changes proposed in the Renewal Plan; and the Renewal
Plan was approved and recommended to the Mayor and City
Council of Baltimore by the Commissioner of the Depart-
ment of Housing and Community Development ; now, there-
fore,

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the boundary description of the Mondaw-
min Transit Station Urban Renewal Area shall be revised to
correct certain technical errors; therefore, Section 2 of
Ordinance No. 383, approved June 28, 1977, is hereby
amended to read as follows :

Beginning for the same at the point formed by the inter-
section of eastern right-of-way line of the Western Mary-
land Railway, and the northern right-of-way line of Gwynns
Falls Parkway; thence running in a southerly direction,

330 ORDINANCES Ord. No. 1024

binding on the eastern right-of-way line of said Western
Maryland Railway, to a point of intersection with the
southern boundary of Lots 3A and 7, Block 3262-D ; thence
running in an easterly direction, binding on the southern
boundary of said Lots 3A and 7, to a point of intersection
with the eastern right-of-way line of North Warwick
Avenue; thence running in a northerly direction, binding
on the eastern right-of-way line of said North Warwick
Avenue, to a point of intersection with the southern right-
of-way line of Gwynns Falls Parkway; thence running in
an easterly direction, binding on the southern right-of-way
line of said Gwynns Falls Parkway, to a point of intersec-
tion with the western right-of-way line of North Pulaski
Street; thence running in a southerly direction, binding
on the western right-of-way line of said North Pulaski
Street, to a point of intersection with an extended straight
line of the northwestern right-of-way line of the first 10'
alley ; thence running in a northeasterly direction, binding
on the northwestern right-of-way line of said 10' alley
which forms the southeastern boundary of Lots 1 through
9, Block 3265, crossing North Monroe Street and contin-
uing on the north western right-of-way line of the first 15'
alley, to a point of intersection with the northeastern right-
of-way line of the second 10' alley; thence running in a
southeasterly direction, binding on the northeastern right-
of-way line of said 10' alley, crossing Bryant Avenue
and Whittier Avenue to a point of intersection with the
southeastern right-of-way line of said Whittier Avenue;
thence running in a southwesterly direction, binding on
the southeastern right-of-way line of said Whittier Avenue,
to a point of intersection with the northeastern right-of-way
line of the first 15' alley; thence running in a southeasterly
direction, binding on the northeastern right-of-way line
of said 15' alley to a point of intersection with the north-
western right-of-way line of Elgin Avenue ; thence running
in a northeasterly direction, binding on the northwestern
right-of-way line of said Elgin Avenue, crossing Reisters-
town Road and continuing on the northwestern right-of-
way line of Ruskin Avenue to a point of intersection with
the southwestern right-of-way line of the first 10' alley;
thence running in a northwesterly direction, binding the
southwestern right-of-way line of said 10' alley, crossing
Orem Avenue, Whittier Avenue, and Bryant Avenue and

ORDINANCES 331

the first 16' alley, to a point of intersection with the north-
western right-of-way line of said 16' alley; thence running
in a northeasterly direction, binding on the northwestern
right-of-way line of said 16' alley, which forms the south-
eastern boundary of Lots 1 through HE, Block 3241, con-
tinuing to a point of intersection with the southwestern
right-of-way line of Woodbrook Avenue ;

Thence running in a northwesterly direction, binding on the
southwestern right-of-way line of said Woodbrook Avenue ;
to a point of intersection with the southeastern right-of-way
line of Gwynns Falls Parkway ; thence running in a south-
westerly direction, binding on the southeastern right-of-
way line of said Gwynns Falls Parkway to a point of inter-
section with an extended straight line of the southwestern
right-of-way line of Woodbrook Avenue; thence running
in a northwesterly direction, crossing Gwynns Falls Park-
way and binding on the southeastern right-of-way line of
said Woodbrook Avenue, continuing to a point of inter-
section with the southeastern right-of-way line of the first
16' alley; thence running in a southwesterly direction,
binding on the southeastern right-of-way line of said 16'
alley, to a point of intersection with an extended straight
line of the northeastern right-of-way line of the second 16'
alley; thence running in a northwesterly direction, binding
on the northeastern right-of-way line of said 16' alley cross-
ing Westbury Avenue and continuing to a point of inter-
section with the southeastern right-of-way line of the third
16' alley; thence running in a northeasterly direction, bind-
ing the southeastern right-of-way line of said 16' alley, to a
point of intersection with the southwestern right-of-way
line of Woodbrook Avenue; thence running in a north-
westerly direction, binding on the southwestern right-of-
way line of said Woodbrook Avenue, crossing Liberty
Heights Avenue and coming to a point of intersection with
the northwestern right-of-way line of Liberty Heights
Avenue; thence running in a southwesterly direction, cross-
ing Reisterstown Road, to a point of intersection with the
southwestern right-of-way line of said Reisterstown Road ;
thence running in a northwesterly direction, binding on the
southwestern right-of-way line of Reisterstown Road, cross-
ing Tioga Parkway, Ocala Avenue, Anoka Avenue, Wichita
Avenue, Wahaton Avenue and continuing to a point of

332 ORDINANCES Ord. No. 1024

intersection with the southeastern right-of-way line of
Druid Park Drive; thence running in a southwesterly
direction, binding on the southeastern right-of-way line of
said Druid Park Drive, to a point of intersection with the
southwestern right-of-way line of Towanda Avenue;
thence running in a southeasterly direction, binding the
southwestern right-of-way line of Towanda Avenue, to a
point of intersection with the northwestern boundary of
Lot 1, Block 3257; thence running in a southwesterly and
southerly direction binding on the northwestern and
western boundary of said Lot 1, Block 3257, to a point of
intersection with the northeastern right-of-way line of
Liberty Heights Avenue; thence running in a [south-
easterly] northwesterly direction, binding on the north-
eastern right-of-way line of said Liberty Heights Avenue, to
a point of intersection with an extended straight line of the
northwestern boundary of Lot 1, Block 3262-A; thence
running in a southwesterly direction, crossing Liberty
Heights Avenue and binding on the northwestern boundary
of said Lot 1, to a point of intersection with the north-
eastern right-of-way line of the first 15' alley; thence
running in a southeasterly direction, binding on the north-
eastern right-of-way line of said 15' alley, crossing Burleith
Avenue and continuing in a straight line to a point of inter-
section with the western right-of-way line of Tioga Park-
way ;

Thence running in a southwesterly and southerly direction,
binding on the western right-of-way line of said Tioga
Parkway, crossing West Forest Park Avenue, Fairview
Avenue and continuing to a point of intersection with the
northern right-of-way line of Gwynns Falls Parkway;
thence running in a westerly direction, binding on the
northern right-of-way line of Gwynns Falls Parkway to the
point of beginning; as outlined on the map filed in the
Department of Legislative Reference, entitled "Mondawmin
Transit Station Urban Renewal Area", dated February
24. 1977.

Sec. 2. And be it further ordained, That it has become
necessary to revise and/or delete certain Plan objectives
and to add certain other objectives to be met during imple-

ORDINANCES 333

mentation of the Plan; therefore, Section 3 of Ordinance
No. 383 shall be revised to read as follows :

a. The correction of existing blighting influences and the
protection of existing, stable residential and non-residential
development in the Mondawmin Transit Station Area from
future blighting influences;

b. the encouragement of active, pedestrian-oriented uses
in the Mondawmin Transit Station Area, and, in particular,
the encouragement of pedestrian-oriented uses which are
directed towards patrons of the rapid transit line ;

c. the resolution of current and projected transportation
deficiencies in the Mondawmin Transit Station Area, in-
cluding, but not limited to, adequate transit station park-
ing, street capacity, and safe pedestrian movement ;

[d. the encouragement of new development, and es-
pecially private development, which takes advantage of the
opportunities afforded by construction of the Mondawmin
Transit Station of the Section A rapid transit line, and
which is compatible with the communities adjacent to the
transit station ;]

d. the provision of a basis for an application to the
Federal Urban Mass Transit Administration for financial
assistance in the implementation of a joint development/
value capture project in which the added value for neiv de-
velopment and revitalization ivhich results from the de-
velopment of planned public transit facilities is secured
for the benefit of the revitalization of the community within
the context of a comprehensive plan;

e. the formulation of standards which shall be applied
to public improvements and current and future develop-
ments within the Mondawmin Transit Station Area to en-
hance the aesthetics and quality of life in the communities
adjacent to the transit station ;

/. the acquisition of certain properties within the proj-
ect area in conjunction with the value capture project;

g. the provision of improved neighborhood shopping
facilities both through new construction and through re-
habilitation;

334 ORDINANCES Ord. No. 1024

h. the provision of housing resources for low and mod-
erate income persons, families and elderly through new con-
struction and rehabilitation;

i. the provision of public facilities such as street and
utility improvements, recreation and park areas, plazas,
public walkways, and street and walkway furniture.

j. the preservation and improvement of Gwynns Falls
Parkway as a continuous landscaped boulevard between
Longwood Street and Druid Hill Park.

SEC. 3. AND BE IT FURTHER ORDAINED, THAT
THE PROVISIONS REGARDING REVIEW BY THE
DEPARTMENT OF HOUSING AND COMMUNITY DE-
VELOPMENT OF ALL PLANS FOR NEW CONSTRUC-
TION, EXTERIOR REHABILITATION, CHANGE IN
USE, AND DEMOLITION OF PROPERTY NOT TO BE
ACQUIRED SHALL BE REVISED. THEREFORE, SEC-
TION 4 OF ORDINANCE NO. 385, APPROVED JUNE
28, 1977, IS HEREBY AMENDED TO READ AS
FOLLOWS:

ALL PLANS FOR NEW CONSTRUCTION, (INCLUD-
ING PARKING LOTS), EXTERIOR REHABILITA-
TION, [DEMOLITION, AND] CHANGE IN USE AND
DEMOLITION OF ANY BUILDING ON ANY PROP-
ERTY IN THE MONDAWMIN TRANSIT STATION
AREA SHALL BE SUBMITTED TO THE DEPART-
MENT OF HOUSING AND COMMUNITY DEVELOP-
MENT FOR REVIEW AND APPROVAL. SUCH RE-
VIEW SHALL BE CONCERNED WITH, BUT NOT
NECESSARILY LIMITED TO, URBAN DESIGN
STANDARDS, SITE PLANNING, ARCHITECTURAL
TREATMENT, MATERIALS, COLORS, BUILDING
CONSTRUCTION, LANDSCAPE DESIGN, ACCESS,
SIGNS, LIGHTING, ELEVATION, SERVICING,
STREETS, AND SIDEWALKS. ONLY [UPON] UPON
FINDING THAT THE PROPOSED PLANS ARE CON-
SISTENT WITH THE OBJECTIVES STATED IN SEC-
TION 3 OF THIS ORDINANCE, AND THE LAND USE
IS APPROPRIATE, SHALL THE COMMISSIONER OF
THE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT [SHALL] AUTHORIZE THE PROC-

ORDINANCES 335

ESSING OF THE PLANS FOR ISSUANCE OF THE
NECESSARY PERMIT(S). THE COMMISSIONER
MAY, UPON FINDING THAT THE PROPOSED PLANS
ARE INCONSISTENT WITH THE OBJECTIVES
STATED IN SECTION 3 OF THIS ORDINANCE, DENY
THE ISSUANCE OF A PERMIT. IF THE COMMIS-
SIONER DENIES THE ISSUANCE OF A DEMOLI-
TION PERMIT, HE SHALL WITHIN 90 DAYS OF
SUCH DENIAL, SEEK APPROVAL OF THE BOARD
OF ESTIMATES TO ACQUIRE FOR AND ON BEHALF
OF THE MAYOR AND CITY COUNCIL OF BALTI-
MORE THE PROPERTY, IN WHOLE OR IN PART, ON
WHICH SAID [NEW CONSTRUCTION, EXTERIOR
REHABILITATION,] DEMOLITION [, OR CHANGE
IN USE OF ANY BUILDING ON ANY PROPERTY]
WAS TO HAVE OCCURRED, BY PURCHASE, LEASE,
CONDEMNATION, GIFT, OR OTHER LEGAL MEANS.
IN THE EVENT THAT THE BOARD OF ESTIMATES
DOES NOT AUTHORIZE THE ACQUISITION, THE
COMMISSIONER, WITHOUT DELAY, SHALL ISSUE
THE DEMOLITION PERMIT. THE PROVISIONS OF
THIS SECTION ARE IN ADDITION TO, AND NOT IN
LIEU OF, ALL OTHER APPLICATION LAWS AND
ORDINANCES.

Seer 3t SEC. 4. And be it further ordained, That it is
necessary to acquire, by purchase or by condemnation, for
urban renewal purposes, the fee simple interest or any less-
er interest in and to certain properties or portions there-
of, together with all right, title, interest, and estate that
the owner or owners of said property interests may have
in all streets, alleys, ways or lanes, public or private, both
abutting the whole area described and/or contained within
the perimeter of said area, situate in Baltimore City,
Maryland, and described as follows:

2700 Reisterstown Road
Billboard, located on 2700 Reisterstown Road

Seer 4t SEC. 5. And be it further ordained, That it may
be necessary to acquire, by purchase or by condemnation,
for urban renewal purposes, the fee simple interest or any
lesser interest in and to such of the remaining properties
or portions thereof, together with all right, title, interest,

336

ORDINANCES

Ord. No. 1024

and estate that the owner or owners of said property in-
terests may have in all streets, alleys, ways or lanes, public
or private, both abutting the whole area described and/or
contained within the perimeter of said area in Mondawmin
Transit Station Area not specifically designated for acqui-
sition in Section 3 4 of this ordinance, as may be deemed
necessary and proper by the Commissioner of the Depart-
ment of Housing and Community Development to effect the
proper implementation of the project. These properties
may include:

(a) any property in the project area containing a non-
salvable structure, i.e. a structure which in the opinion of
the Commissioner of the Department of Housing and
Community Development cannot be economically rehabili-
tated ;

(b) any property the owner of which is unable or un-
willing to comply or conform to the codes and ordinances of
Baltimore City within 12 months from the date of written
notice of the required improvements; the Department of
Housing and Community Development, after due considera-
tion that the property owner has failed to achieve substan-
tial conformity with the codes and ordinances of Baltimore
City may acquire such property pursuant to the Eminent
Domain Law of this State as if the property had originally
been planned for acquisition after 90 days written notice
to the owner. The Department of Housing and Community
Development reserves the right to acquire any such non-
complying property for a period of two (2) years from the
date of said written 90 days notice by the Department of
Housing and Community Development.

Se€r 5t SEC. 6. And be it further ordained, That it may
be necessary to acquire by purchase or by condemnation,
for urban renewal purposes, the fee simple interest or any
lesser interest in and to such of the remaining properties
or portions thereof, together with all right, title, interest,
and estate that the owner or owners of said property inter-
ests may have in all streets, alleys, ways or lanes, public or
private, abutting said properties in the Mondawmin Tran-
sit Station Area not designated for acquisition, in addition
to those properties enumerated in Sections S a»4 4 SEC-
TIONS 4 AND 5 of this ordinance, in order to carry out

ORDINANCES 337

rehabilitation by the Department of Housing and Commu-
nity Development because :

(a) it is necessary to make residential structures avail-
able for use for low- and moderate-income families ; or

(b) rehabilitation on a structure-by-structure basis is
infeasible, and assemblage of a group of properties is re-
quired to carry out the objectives set forth in the Plan ; or

(c) rehabilitation of individual, scattered properties is
necessary in order to remove blighting influences from
otherwise sound residential blocks.

Seer &r SEC. 7. And be it further ordained, That upon
acquisition of the properties mentioned in Sections 4 a»4 5
SECTIONS 5 AND 6 of this ordinance, the Department
of Housing and Community Development will either:

(a) demolish the structure or structures thereon and
dispose of the land for redevelopment for uses in accordance
with the Plan ; or

(b) sell or lease the property in conformance with the
codes and ordinances of Baltimore City and dispose of the
property in accordance with the applicable regulations. If
sale cannot be consummated by the time rehabilitation is
accomplished, the property may be rented pending con-
tinuing sale efforts.

(C) REHABILITATE THE PROPERTY IN CON-
FORMANCE WITH THE CODES AND ORDINANCES
OF BALTIMORE CITY AND DISPOSE OF PROPERTY
IN ACCORDANCE WITH APPLICABLE REGULA-
TIONS. IF SALE CANNOT BE CONSUMMATED BY
THE TIME REHABILITATION IS ACCOMPLISHED,
PROPERTY MAY BE RENTED PENDING CONTINU-
ING SALE EFFORTS.

Se€r ?t SEC. 8. And be it further ordained, That the Real
Estate Acquisition Division of the Department of the Comp-
troller, or such person or persons and in such manner as the
Board of Estimates, in the exercise of the power vested in
it by Article V, Section 5, of the Baltimore City Charter,
may hereafter from time to time designate, is or are au-

338 ORDINANCES Ord. No. 1024

thorized to acquire on behalf of the Mayor and City Council
of Baltimore and for the purposes described in this ordi-
nance, the fee simple interest or any lesser interest in and
to the properties or portions thereof hereinabove mentioned.
If the Real Estate Acquisition Division of the Department
of the Comptroller, or such person or persons and in such
manner as the Board of Estimates, in the exercise of the
power vested in it by Article V, Section 5, of the Baltimore
City Charter, may hereafter from time to time designate,
is or are unable to agree with the owner or owners on
the purchase price for said properties or portions thereof, it
or they shall forthwith notify the City Solicitor of Bal-
timore City, who shall thereupon institute in the name of
the Mayor and City Council of Baltimore the necessary legal
proceedings to acquire by condemnation the fee simple
interest or any lesser interest in and to said properties or
portions thereof.

SEC. 9. AND BE IT FURTHER ORDAINED, THAT
OVER AND ABOVE THE CODES AND ORDINANCES
OF THE CITY OF BALTIMORE, THE FOLLOWING
ADDITIONAL STANDARDS SHALL BE APPLIED TO
ALL NON-RESIDENTIAL PROPERTIES WITHIN THE
PROJECT AREA, WHETHER VACANT OR OCCUPIED :

A. ALL COMMERCIAL PROPERTY WHICH IS
WITHIN 120 FEET OF THE RIGHT-OF-WAY LINE OF
GWYNNS FALLS PARKWAY AND HAVING MORE
THAN 30% OF THEIR LOTS COVERED WITH A PAV-
ING SURFACE SHALL PROVIDE SCREENING OF
THE PAVED AREA BY SHRUBBERY OF AN EVER-
GREEN TYPE AND NO LESS THAN 3 FEET 6 INCHES
IN HEIGHT OR OTHER AGREED UPON SCREENING
AS APPROVED BY THE COMMISSIONER OF HOUS-
ING AND COMMUNITY DEVELOPMENT.

COMMERCIAL PROPERTIES WHEN ADJACENT TO
RESIDENTIAL PROPERTIES WILL BE EFFEC-
TIVELY SCREENED BY WALLS OF NO LESS THAN
5 FEET 6 INCHES IN HEIGHT.

B. GAS STATIONS AND AUTO REPAIR SHOPS:
ALL OUTSIDE STORAGE OF AUTOMOBILES SHALL
BE RESTRICTED TO THREE PER SERVICE BAY.

ORDINANCES 339

SUCH STORAGE AREA SHALL BE EFFECTIVELY
SCREENED FROM VIEW BY FENCING MATERIAL
OF NO LESS THAN 5 FEET 6 INCHES IN HEIGHT.

C. CLEANING OF MASONRY FACADES BY
MEANS OF SANDBLASTING SHALL NOT BE PER-
MITTED.

SEC. 10. AND BE IT FURTHER ORDAINED, THAT
ANY PERSON VIOLATING ANY OF THE PROVI-
SIONS OF SECTION 9 OF THIS ORDINANCE SHALL
BE GUILTY OF A MISDEMEANOR AND SHALL BE
SUBJECT TO A FINE NOT EXCEEDING ONE HUN-
DRED DOLLARS ($100.00), AND THAT EACH DAY'S
VIOLATION SHALL CONSTITUTE A SEPARATE
OFFENSE.

Seer 8t SEC. 11. And be it further ordained, That in sell-
ing or otherwise disposing of property in the Mondawmin
Transit Station Area, the Department of Housing and
Community Development shall require that the developers
agree in writing not to discriminate in the sale, lease, use
or occupancy of the property developed by them against
any person because of national origin, race, religion, sex
or color.

Seer 9t SEC. 12. And be it further ordained, That the
approval of the Renewal Plan for the Mondawmin Transit
STATION Area shall not be constructed as an enactment
of such amendments to the Zoning Ordinance as are pro-
posed in the Renewal Plan.

Seer i&r SEC. 13. And be it further ordained, That in
whatever respect, if any, the Renewal Plan approved here-
by for the Mondawmin Transit Station Area may not meet
the requirements as to the content of a Renewal Plan or the
procedure for the preparation, adoption, and approval of
renewal plans as provided in Section 25 of Article 13 of the
Baltimore City Code (1976 Edition, as amended) the said
requirements are hereby waived and the Renewal Plan
approved hereby is exempted therefrom.

Seer iir SEC. 14. And be it further ordained, That in the
event it be judicially determined that any word, phrase,

340 ORDINANCES Ord. No. 1025

clause, sentence, paragraph, section or part in or of this
ordinance, or the application thereof to any person or cir-
cumstances is invalid, the remaining provisions and the
application of such provisions to other persons or circum-
stances shall not be affected thereby, the Mayor and City
Council hereby declaring that they would have ordained
the remaining provisions of this ordinance without the
word, phrase, clause, sentence, paragraph, section or part
or the application thereof so held invalid.

Seer i2r SEC. 15. And be it further ordained, That in any
case where a provision of this ordinance concerns the same
subject matter as an existing provision of any zoning, build-
ing, electrical, plumbing, health, fire or safety ordinance or
code or regulation, the applicable provisions concerned shall
be constructed so as to give effect to each; provided, how-
ever, that if such provisions are found to be in irrecon-
cilable conflict, the provision which establishes the higher
standard for the promotion and protection of the public
health and safety shall prevail. In any case where a pro-
vision of this ordinance is found to be in conflict with an
existing provision of any other ordinance or code or regula-
tion in force in City of Baltimore which establishes a lower
standard for the promotion and protection of the public
health and safety, the provision of this ordinance shall
prevail, and the other existing provision of such other ordi-
nance or code or regulation is hereby repealed to the extent
that it may be found in conflict with this ordinance.

Sssr iSr SEC. 16. And be it further ordained, That this
ordinance shall take effect from the date of its passage.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1025
(Council No. 2200)

An Ordinance to condemn and open, certain streets and
alleys or portions thereof lying within the Mount Winans

ORDINANCES 341

Urban Renewal Project in accordance with a plat thereof
numbered, 310-A-7D, prepared by the Surveys and Rec-
ords Division and filed in the Office of the Department
of Public Works, on the Second (2nd) day of January,
1979, and now on file in said office.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn,
open, certain streets and alleys or portions thereof lying
within the Mount Winans Urban Renewal Project the
streets and alleys hereby directed to be condemned for said
opening being described as follows :

Sheet 1 of 1 comprising a 14 foot alley laid out parallel
with and distant 100 feet southeasterly from Paca Street,
and extending from the southwest side of Harman Avenue,
as proposed to be widened as shown on the Final Subdivi-
sion Plan of the Mount Winans Urban Renewal Project,
Southwesterly 111.47 feet to the northeast side of a 16 foot
alley and designated as Parcel No. 1.

the said alley as directed to be condemned being more par-
ticularly described and referred to among the Land Rec-
ords of Baltimore City and delineated and particularly
shown on a plat numbered 310-A-7D which was filed in the
Office of the Department of Public Works on the Second
(2nd) day of January in the year 1979, and is now on file
in said Office.

Sec. 2. And be it further ordained, That the pro-
ceedings of said Department of Public Works, with refer-
ence to the condemnation and opening of said alley and
the proceedings and rights of all parties interested or
affected thereby, shall be regulated by, and be in accord-
ance with, any and all applicable provisions of Article 4
of the Code of Public Local Laws of Maryland and the
Charter of Baltimore City (1964 Revision) as amended to
July 1, 1973 and any and all amendments thereto, and any
and all other Acts of the General Assembly of Maryland,
and any and all ordinances of the Mayor and City Council
of Baltimore, and any and all rules or regulations in effect
which have been adopted by the Director of Public Works
and filed with the Department of Legislative Reference.

342

ORDINANCES

Ord. No. 1026

Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1026
(Council No. 2201)

An Ordinance to condemn and close certain streets and
alleys or portions thereof lying within the Mount Winans
Urban Renewal Project in accordance with a plat thereof
numbered 310-A-7E, prepared by the Surveys and Rec-
ords Division and filed in the Office of the Department
of Public Works, on the Second (2nd) day of January,
1979, and now on file in said office.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn
and close certain streets and alleys or portions thereof
lying within the Mount Winans Urban Renewal Project
the streets and alleys hereby directed to be condemned for
said closing being described as follows :

the said alley as directed to be condemned being more par-
ticularly described and referred to among the Land Rec-
ords of Baltimore City and delineated and particularly
shown on a plat numbered 310-A-7E which was filed in the
Office of the Department of Public Works on the Second
(2nd) day of January, in the year 1979 and is now on file
in the said Office.

ORDINANCES 343

Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and ap-
purtenances now owned by the Mayor and City Council of
Baltimore, shall be and continue to be the property of the
Mayor and City Council of Baltimore, in fee simple, until
the use thereof shall be abandoned by the Mayor and City
Council of Baltimore, and in the event that any person,
firm or corporation shall first obtain permission and per-
mits therefor from the Mayor and City Council of Balti-
more, and shall in the application for such permission and
permits agree to pay all costs and charges of every kind
and nature made necessary by such removal alteration
interference.

Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordi-
nance until the subsurface structures and appurtenances
now owned by the Mayor and City Council of Baltimore,
over which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the spe-
cifications and under the direction of the Director of Pub-
lic Works of Baltimore City, and at the expense of the
person or persons or body corporate desiring to erect such
buildings or structures. Railroad tracks shall be taken to be
"structures" within the meaning of this section.

Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and ap-
purtenances owned by any person, firm or corporation,
other than the Mayor and City Council of Baltimore, shall
upon notice from the Director of Public Works of Baltimore
City, be promptly removed by and at the expense of the
said owners.

344 ORDINANCES Ord. No. 1027

said property and to all subsurface structures and appur-
tenances used by it therein, for the purposes of inspection,
maintenance, repair, alteration, relocation and/or replace-
ment, of any or all of said structures and appurtenances,
and this without permission from or compensation to the
owner or owners of said land.

Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said alley and the proceedings
and rights of all parties interested or affected thereby, shall
be regulated by, and be in accordance with, any and all
applicable provisions of Article 4 of the Code of Public
Local Laws of Maryland and the Charter of Baltimore
City (1964 Revision) as amended to July 1, 1973 and any
and all amendments thereto, and any and all other Acts of
the General Assembly of Maryland, and any and all ordi-
nances of the Mayor and City Council of Baltimore, and
any and all rules or regulations in effect which have been
adopted by the Director of Public Works and filed with the
Department of Legislative Reference.

Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1027
(Council No. 2240)

An Ordinance to amend the Renewal Plan for the Druid
Heights Urban Renewal Project, which plan was ap-
proved by Ordinance No. 376, dated June 28, 1977 and
amended by Ordinance No. 696, dated April 17, 1978, to,
among other things, (1) delete from acquisition the prop-
erty known as 1928 McCulloh Street; (2) authorize the
acquisition by purchase or by condemnation by the Mayor
and City Council of Baltimore, for urban renewal pur-

ORDINANCES 345

poses, of certain properties; (3) change the land use of
certain properties; (4) recommend a zoning district
change; (5) revise certain exhibits attached to said plan
to indicate the changes provided herein; and (6) provide
for the effective date hereof.

Whereas, a Renewal Plan for the Druid Heights project
was approved by the Mayor and City Council of Baltimore
by Ordinance No. 376, dated June 28, 1977, and last
amended by Ordinance No. 696, dated April 17, 1978 ; and

Whereas, pursuant to Section 25 of Article 13, of the
Baltimore City Code (1976 Edition, as amended), no sub-
stantial change or changes shall be made in any renewal
plan, after approval by ordinance, without such change or
changes first being adopted and approved in the same
manner as set forth in said Section 25 for the approval of
a renewal plan, namely the preparation of such change or
changes by the Department of Housing and Community De-
velopment, the approval of such change or changes by the
Director of the Department of Planning, and approval and
adoption by an ordinance of the Mayor and City Council of
Baltimore after a public hearing in relation thereto, all in
the manner set forth in said Section 25 ; and

Whereas, the Department of Housing and Community
Development has prepared a list of changes to the Renewal
Plan for Druid Heights, known as "Amendment No. 2 to
the Urban Renewal Plan for Druid Heights", dated January
17, 1979 ; and

Whereas, said Amendment No. 2 to the Renewal Plan
for Druid Heights has been approved by the Director of the
Department of Planning with respect to its conformity as
to the Master Plan; the detailed location of any public im-
provements proposed in the amended Renewal Plan ; its con-
formity to the rules and regulations for subdivisions ; and
all zoning changes proposed in the amended Renewal Plan ;
and said Amendment No. 2 to the Renewal Plan has been
approved and recommended to the Mayor and City Council
of Baltimore by the Commissioner of the Department of
Housing and Community Development ; now, therefore,

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the following amendments and changes

346 ORDINANCES Ord. No. 1027

to the Renewal Plan for the Druid Heights Urban Re-
newal Project, having been duly reviewed and considered,
are hereby approved, and the Clerk of the City Council is
hereby directed to file a copy of said Renewal Plan revised
to include Amendment No. 2, dated January 17, 1979, with
the Department of Legislative Reference as a permanent
public record and make the same available for public in-
spection and information.

1. In the Table of Contents, page i, section entitled
"LAND USE PLAN", delete "Residential and Commercial"
and insert in lieu thereof "Residential and Community Busi-
ness".

2. In the Table of Contents, page ii, section entitled
"EXHIBITS", delete the dates of the maps for Exhibits
1 and 4 from "1/5/78" and Exhibits 2 and 3 from "3/7/78"
and insert in lieu thereof "1/17/79".

3. In Section B.I., entitled "Permitted Land Use", page 2,
delete the word "Commercial" and insert in lieu thereof
"Community Business".

4. In Section B.l.a., entitled "Residential and Commer-
cial" , page 2, delete the word "Commercial" in both the
title and in the first sentence and insert in lieu thereof
"Community Business".

5. In Section C.6., entitled "Zoning", page 8 delete the
two sentences under this section and insert in lieu thereof
the following:

"All appropriate provisions of the Zoning Ordinance of
Baltimore City shall apply to properties in Druid Heights.
In order to implement the Urban Renewal Plan, zoning
district changes as designated on Exhibit 4, Zoning Dis-
tricts Map, will be required. Action to this effect will be
initiated during the execution of this Plan."

6. In Section D., "DURATION OF PROVISIONS AND
REQUIREMENTS", page 8, delete the sentence under this
section and insert in lieu thereof the following :

"The Druid Heights Renewal Plan, as it may be amended
from time to time, shall be in full force and effect for a
period of forty (40) years from the date of original adop-

ORDINANCES 347

tion of this Renewal Plan by ordinance of the Mayor and
City Council of Baltimore."

7. Delete Appendix A, entitled "NON-CONFORMING
USES", page 10, and Appendix B, entitled "PROPERTIES
FOR ACQUISITION AND DISPOSITION FOR REHA-
BILITATION", page 11, and insert in lieu thereof revised
Appendices A and B.

8. Delete Exhibits 1 and 4, dated "1/5/78" and Exhibits
2 and 3, "dated "3/7/78" from the Plan and insert in lieu
thereof revised Exhibits 1 through 4, dated "1/17/79".

Sec. 2. And be it further ordained, That it is necessary
to delete the following property thereof from the list of
properties to be acquired in Ordinance No. 696, dated April
17, 1978:

1928 McCulloh Street

Sec. 3. And be it further ordained, That it is necessary to
acquire, by purchase or by condemnation, for urban renewal
purposes, the fee simple interest or any lesser interest in
and to certain properties or portions thereof, together with
all right, title, interest, and estate that the owner or owners
of said property interests may have in all streets, alleys,
ways or lanes, public or private, both abutting the whole
area described and/or contained within the perimeter of
said area, situate in Baltimore City, Maryland, and de-
scribed as follows :

530 Bloom Street
532 Bloom Street

2107-19 Brunt Street
2121 Brunt Street

Rear 84.5 feet, more or less of
2102 Division Street

Rear 84.5 feet, more or less of
2104 Division Street

2116-18 Division Street

Rear 48 feet, more or less of
2138 Division Street

2140 Division Street

348 ORDINANCES Ord. No. 1027

Sec. 4. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the Board
of Estimates, in the exercise of the power vested in it by-
Article V, Section 5, of the Baltimore City Charter, may
hereafter from time to time designate, is or are authorized
to acquire on behalf of the Mayor and City Council of Bal-
timore and for the purposes described in this ordinance, the
fee simple interest or any lesser interest in and to the prop-
erties or portions thereof hereinabove mentioned. If the said
Real Estate Acquisition Division of the Department of the
Comptroller, or such person or persons, and in such manner
as the Board of Estimates in the exercise of the power
vested in it by Article V, Section 5, of the Baltimore City
Charter, may hereafter from time to time designate, is or
are unable to agree with the owner or owners on the pur-
chase price of said properties or portions thereof, it or they
shall forthwith notify the City Solicitor of Baltimore City,
who shall thereupon institute in the name of the Mayor and
City Council of Baltimore the necessary legal proceedings to
acquire by condemnation the fee simple interest or any
lesser interest in and to said properties or portions thereof.

Sec. 5. And be it further ordained, That the approval of
Amendment No. 2 to the Urban Renewal Plan for Druid
Heights shall not be construed as an enactment of such
amendments to the Zoning Ordinance as are proposed in
said Urban Renewal Plan.

Sec. 6. And be it further ordained, That in whatever
respect, if any, the amended Renewal Plan approved hereby
for the Druid Heights Urban Renewal Project may not meet
the requirements as to the content of a renewal plan or
the procedures for the preparation, adoption, and approval
of renewal plans, as provided in Article 13 of the Baltimore
City Code (1976 Edition, as amended), the said require-
ments are hereby waived and the amended Renewal Plan
approved hereby is exempted therefrom.

Sec. 7. And be it further ordained, That in the event
it be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances is

ORDINANCES 349

invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining pro-
visions of this ordinance without the word, phrase, clause,
sentence, paragraph, section or part or the application
thereof so held invalid.

Sec. 8. And be it further ordained. That in any case where
a provision of this ordinance concerns the same subject
matter as an existing provision of any zoning, building,
electrical, plumbing, health, fire or safety ordinance or code
or regulation, the applicable provisions concerned shall be
construed so as to give effect to each ; provided, however,
that if such provisions are found to be in irreconcilable
conflict, the provision which establishes the higher standard
for the promotion of the public health and safety shall
prevail. In any case where a provision of this ordinance
is found to be in conflict with an existing provision of any
other ordinance or code or regulation in force in the City of
Baltimore which establishes a lower standard for the pro-
motion and protection of the public health and safety, the
provision of this ordinance shall prevail, and the other
existing provision of such other ordinance or code or regula-
tion is hereby repealed to the extent that it may be found
in conflict with this ordinance.

Sec. 9. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1028
(Council No. 2270)

An Ordinance to repeal and reordain, with amendments,
Section 2.0-6 of Article 30 of the Baltimore City Code
(1976 Edition), title 'The Zoning Ordinance of Balti-

350 ORDINANCES Ord. No. 1029

more City", subtitle "General Provisions", concerning
minimum dwelling width.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 2.0-6 of Baltimore City Code
(1976 Edition), title 'The Zoning Ordinance of Baltimore
City", subtitle "General Provisions", be and it is hereby
repealed and reordained with amendments to read as
follows :

2.0-6. Minimum Dwelling Width.

No residential structure shall hereafter be erected which
is less than sixteen feet in width. This provision shall not
be construed to prevent or restrict an otherwise lawful
extension or enlargement of or an addition to an existing
residential structure of a width less than sixteen feet.
Furthermore, a dwelling not less than twelve feet in width
may be placed, constructed or reconstructed between two
existing dwellings that would be adjoining thereto provided
that over 50 per cent of the dwellings in a developed block
are found by the Department of Housing and Community
Development to be in substantially sound condition and the
use would conform to the Master Plan (.) and in addition
with the approval of The Planning Commission, a dwelling
not less than fourteen feet in width may be hereafter
erected in areas designated as Renewal Project Areas
pursuant to Article 13, Sections 20 through 33 of the Bal-
timore City Code (1976 Edition).

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1029
(Council No. 2278)

An Ordinance designating as a "Renewal Area", an area
situate in Baltimore City, Maryland, known as the

ORDINANCES 351

Waverly Business Area, bounded generally by 35th Street
on the north, Barclay Street on the west, 29th Street on
the south and Old York Road on the east; approving
a renewal plan for the Waverly Business Area; author-
izing the acquisition by purchase or by condemnation by
the Mayor and City Council of Baltimore for urban re-
newal purposes of the fee simple interest or any lesser
interest, together with the improvements thereon, situate
in Baltimore City, within the Waverly Business Area;
establishing rehabilitation standards for all non-residen-
tial properties; providing penalties for violating these
rehabilitation standards ; providing for review by the De-
partment of Housing and Community Development of all
plans for rehabilitation or new construction within the
Waverly Business Area; establishing procedures for is-
suance and denial of demolition permits; providing that
in selling land in the Waverly Business Area the Depart-
ment of Housing and Community Development shall re-
quire that developers agree in writing not to discriminate
in the sale, lease, use or occupancy of the property de-
veloped by them against any persons because of race,
creed, color or national origin ; designating certain prop-
erties containing non-conforming uses according to the
Zoning Ordinance of Baltimore City and non-complying
uses according to the land use regulations contained in the
Plan; providing that the provisions of this ordinance
shall apply only to properties used, in whole or in part,
for commercial purposes and shall not apply to properties
used solely for residential purposes; waiving such re-
quirements, if any, as to content or procedure for the
preparation, adoption and approval of renewal plans as
set forth in Section 25 of Article 13 of the Baltimore City
Code (1976 Edition as Amended), which the renewal
plan for the Waverly Business Area may not meet; pro-
viding for the separability of the various parts and ap-
plications of this ordinance; providing that where the
provisions of this ordinance shall conflict with any other
ordinance, code or regulation, the provisions which estab-
lish the higher standard shall prevail ; providing that to
the extent that this ordinance shall conflict with any other
ordinance in force in the City of Baltimore relating to
urban renewal, this ordinance shall prevail; and pro-
viding for the effective date hereof.

352 ORDINANCES Ord. No. 1029

Whereas, the basic goal of the City of Baltimore for the
Waverly Business Area is to achieve a strong, stabilized,
commercial sector, including essential supporting public
facilities; and

Whereas, in accordance with the provisions of Section
25 of Article 13 of the Baltimore City Code (1976 Edition,
as Amended) the Waverly Business Area has been found to
be in need of undertakings for the elimination, the cor-
rection or the prevention of the development or the spread
of blight or deterioration ; and

Whereas, the Department of Housing and Community
Development in consultation with the Director of the De-
partment of Planning acting pursuant to powers vested by
Section 23 (a) of Article 13 of the Baltimore City Code
(1976 Edition as Amended) has heretofore determined
that the Waverly Business Area, as hereinbelow more par-
ticularly described, may be benefited through the exercise
of those functions and powers of the City of Baltimore
which are vested in the Department of Housing and Com-
munity Development by said Section 23 (a) and has
recommended to the City Council that an ordinance be
passed to designate the Waverly Business Area as a "Re-
newal Area" ; and

Whereas, under Section 25 of Article 13 of the City
Code (1976 Edition, as Amended) the Department of Hous-
ing and Community Development is authorized to prepare
and administer Renewal Plans in Renewal Areas; and

Whereas, the Department of Housing and Community
Development has prepared a Renewal Plan for the Waverly
Business Area, consisting of a cover page, a table of con-
tents, nineteen (19) pages of text and four (4) exhibits
which is solely intended to apply to properties used for com-
mercial purposes ; and

Whereas, the Renewal Plan for the Waverly Business
Area was approved by the Director of the Department of
Planning, with respect to its conformity as to the Master
Plan ; the detailed location of any public improvements pro-
posed in the Renewal Plan ; its conformity to the rules and
regulations for subdivisions; and all zoning changes pro-
posed in the Renewal Plan, and the Renewal Plan was ap-
proved and recommended to the City Council by the Com-

ORDINANCES 353

missioner of the Department of Housing and Community
Development, now, therefore,

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That it is hereby found and determined that
the Renewal Area known as the Waverly Business Area, as
hereinbelow more particularly described, may be benefited
through the exercise of the functions and powers vested in
the Department of Housing and Community Development:

Beginning for the same at a point formed by the intersec-
tion of the western right-of-way line of Greenmount Ave-
nue and an extended line of the southern right-of-way line
of E. 35th St. ; binding on the western right-of-way line of
Greenmount Avenue to a point of intersection with the
southern right-of-way line of an unnamed 10 foot alley;
thence running in a westerly direction and binding on the
southern right-of-way line said unnamed 10 foot alley to a
point of intersection with the western property line of Lot
1, Ward 12, Section 18, Block 3735; thence running in a
southerly direction and binding on the western property
line of Lot 1, Ward 12, Section 18, Block 3735 to a point of
intersection with the northern right-of-way line of Calvin
Avenue ;

thence running in a westerly direction and binding on the
northern right-of-way line of Calvin Avenue to a point of
intersection with an extended straight line of the western
property line of Lot 11, Ward 12, Section 18, Block 3884;
thence running in a southerly direction and binding on said
extended line and the western property line of Lot 11, Ward
12, Section 18, Block 3884 crossing an unnamed 10 foot
alley to a point of intersection with the southern right-of-
way line of said unnamed 10 foot alley; thence running in
a westerly direction and binding on the southern right-of-
way line of said unnamed 10 foot alley to a point of inter-
section with the eastern right-of-way line of an unnamed
10 foot alley;

thence running in a southerly direction and binding on the
eastern right-of-way line of said unnamed 10 foot alley to a
point of intersection with the northern property line of Lot
32, Ward 12, Section 18, Block 3884 ; thence running in an
easterly direction and binding on the northern property
lines of Lots 32 and 33, Ward 12, Section 18, Block 3884 to

354 ORDINANCES Ord. No. 1029

a point of intersection with the western line of right-of-way
Brentwood Avenue; thence running in a southerly direction
and binding on the western right-of-way line of Brentwood
Avenue to a point of intersection with the northern right-
of-way line of Venable Avenue; thence running in a west-
erly direction and binding on the northern right-of-way
of Venable Avenue, crossing Barclay Street to a point of
intersection with the western right-of-way line of Barclay
Street ;

thence running in a southerly direction and binding on the
western right-of-way line of Barclay Street to a point of
intersection with the north/ west property line of Lot 1,
Ward 12, Section 18, Block 3734; thence running in a
south/westerly direction and binding on the north/west
property line of Lot 1, Ward 12, Section 18, Block 3734,
crossing E. University Parkway to a point of intersection
with the southern right-of-way of E. University Parkway;
thence running in a north/westerly direction and binding
on the southern right-of-way line of E. University Parkway
to a point of intersection with the western right-of-way line
on an unnamed 10 foot alley ; thence running in a southerly
direction and binding on the western right-of-way line of
said unnamed 10 foot alley, to a point of intersection with
the southern right-of-way line of E. 33rd Street,

thence running in an easterly direction and binding on
the southern right-of-way line of E. 33rd Street to a point of
intersection with an unnamed 10 foot alley ; thence running
in a southerly direction and binding on the western right-
of-way line of said unnamed 10 foot alley for 90 feet;
thence running in an easterly direction parallel to East
33rd Street, crossing sa44 SAID UNNAMED 10 FOOT
ALLEY, LOT 25/26, WARD 12 SECTION 20 BLOCK
3879-B AND AN unnamed 15 foot alley to a point
of intersection with the eastern right-of-way line of said
unnamed 15 foot alley; thence running in a northerly di-
rection and binding on the eastern right-of-way line of said
unnamed 15 foot alley to a point of intersection with the
southern property line of Lot 49, Ward 12, Section 20, Block
3879-B ; thence running in an easterly direction and binding
on the southern property line of Lot 49, Ward 44 WARD
12, Section 20, Block 3879-B to a point of intersection
with the western right-of-way line of Barclay Street;

ORDINANCES 355

thence running in a southerly direction and binding on the
western right-of-way of Barclay Street, crossing E. 32nd
Street to a point of intersection with the southern right-of-
way line of E. 32nd Street; thence running in an easterly
direction and binding on the right-of-way of E. 32nd Street,
crossing Barclay Street to a point of intersection with the
western right-of-way line of an unnamed 10 foot alley;
thence running in a southerly direction and binding on the
western right-of-way line of said unnamed 10 foot alley to
a point of intersection with the northern property line of
Lot 2, Ward 12, Section 20, Block 3881 ; thence running in
an easterly direction and binding on the northern property
line of Lot 2, Ward 12, Section 20, Block 3881 to a point
of intersection with the western right-of-way line of an
unnamed 15 foot alley; thence running in a southerly direc-
tion and binding on the western right-of-way line of said
unnamed 15 foot alley to a point of intersection with the
southern right-of-way line of an unnamed 10 foot alley;

thence running in an easterly direction and binding on
the southern right-of-way line of said unnamed 10 foot alley
to a point of intersection with the western right-of-way line
of Brentwood Avenue ; thence running in a southerly direc-
tion and binding on the western right-of-way of Brentwood
Avenue, crossing E. 31st Street to a point of intersection
with the southern right-of-way line of E. 31st Street;
thence running in an easterly direction and binding on the
southern right-of-way line of E. 31st Street to a point of
intersection with the western right-of-way line of an un-
named 5 foot alley ; thence running in a southerly direction
and binding on the western right-of-way line of said un-
named 5 foot alley, crossing Vineyard Lane to a point of
intersection with the southern right-of-way line of Vine-
yard Lane; thence running in a south/ westerly direction
and binding on the southern right-of-way line of Vineyard
Lane; crossing E. 30th Street to a point of intersection
with the southern right-of-way line of E. 30th Street;

thence running in an easterly direction and binding on the
southern right-of-way line of E. 30th Street thence run-
ning in a southerly direction and binding on the western
right-of-way line of said unnamed 10 foot alley and the
western property line of Lot 2A, Ward 12, Section 17, Block
3855 to a point of intersection with the northern right-of-

356 ORDINANCES Ord. No. 1029

way of E. 29th Street; thence running in an easterly di-
rection and binding on the northern right-of-way of E. 29th
Street, crossing Greenmount Avenue to a point of intersec-
tion with the eastern right-of-way line of Greenmount
Avenue; thence running in a southerly direction and bind-
ing on the eastern right-of-way line of Greenmount Avenue
to a point of intersection with the northern right-of-way
line of Exeter Hall Avenue; thence running in an easterly
direction and binding on the northern right-of-way line of
Exeter Hall Avenue to a point of intersection with the
eastern property line of Lot 48, Ward 9, Section 4, Block
4072;

thence running in a northerly direction and binding on
said property line to a point of intersection with the south-
ern right-of-way line of an unnamed 15 foot alley; thence
running in a westerly direction and binding on said 15 foot
alley to a point of intersection with the western right-of-
way line of an unnamed 10 foot alley ; thence running in a
northerly direction and binding on the western right-of-
way line of said unnamed alley, crossing E. 29th Street
to a point of intersection with the northern right-of-way
line of E. 29th Street; thence running in an easterly di-
rection and binding on the northern right-of-way line
of E. 29th Street to a point of intersection with the
western right-of-way line of an unnamed 10 foot alley;
thence running in a northerly direction and binding on the
western right-of-way line of said unnamed 10 foot alley to a
point of intersection with the northern property line of Lot
2A, Ward 9, Section 4, Block 4072-A;

thence running in a westerly direction and binding on the
northern property line of Lot 2A, Ward 9, Section 4, Block
4072-A, to a point of intersection with the eastern property
line of Lot 3, Ward 9, Section 4, Block 4072-A ; thence run-
ning in a northerly direction and binding on the eastern
property line of Lot 3, Ward 9, Section 4, Block 4072-A, and
the western property line of Lot 6, Ward 4, Block 4072-A,
crossing E. 30th Street to a point of intersection with the
northern right-of-way line of E. 30th Street; thence run-
ning in an easterly direction and binding on the northern
right-of-way line of E. 30th Street to a point of intersection
with the eastern property line of Lot 1, Ward 9, Section 3,
Block 4074; thence running in a northerly direction and

ORDINANCES 357

binding on the eastern property line of Lot 1 , Ward 9, Sec-
tion 3, Block 4074 to a point of intersection with the south-
ern property line of Lot 2/3, Ward 9, Section 3, Block 4074 ;

thence running in an easterly direction and binding on the
southern property line of Lot 2/3, Ward 9, Section 3, Block
4074 to a point of intersection with the eastern property
line of Lot 2/3, Ward 9, Section 3, Block 4074 ; thence run-
ning in a. northerly direction and binding on the eastern
property line of Lot 2/3, W T ard 9, Section 3, Block 4074 to
a point of intersection with the northern property line of
Lot 2/3, Ward 9, Section 3, Block 4074 ; thence running in
a westerly direction and binding on the northern property
line of Lot 2/3, Ward 9, Section 3, Block 4074 to a point
of intersection with the eastern right-of-way line of Green-
mount Avenue ; thence running in a northerly direction and
binding on the eastern right-of-way line of Greenmount
Avenue to a point of intersection with the eastern right-of-
way line of Old York Road ; thence running in a northerly
direction and binding on the eastern right-of-way line of
Old York Road to a point of intersection with the southern
right-of-way line of E. 31st Street;

thence running in an easterly direction and binding on the
southern right-of-way line of E. 31st Street to a point
of intersection with an extended straight line of the eastern
property line of Lot 1, Ward 9, Section 3, Block 4074-C;
thence running in a northerly direction and binding on
said extended line and the eastern property line of Lot 1,
Ward 9, Section 3, Block 4074-C to a point of intersection
with the northern property line of Lot 1, Ward 9, Section 3,
Block 4074-C ; thence running in a westerly direction and
binding on the northern property line of Lot 1, Ward 9,
Section 3, Block 4074-C to a point of intersection with the
eastern right-of-way line of Old York Road ; thence running
in a northerly direction and binding on the eastern right-of-
way line of Old York Road to a point of intersection with
the northern right-of-way line of Montpelier Street ;

thence running in an easterly direction and binding on the
northern right-of-way line of Montpelier Street to a point
of intersection with the eastern property line of Lot 13/14,
Ward 9, Section 3, Block 4075 ; thence running in a north-
erly direction and binding on the eastern property line of

358 ORDINANCES Ord. No. 1029

Lot 13/14, Ward 9, Section 3, Block 4075 to a point of inter-
section with the northern property line of Lot 15/16, Ward
9, Section 3, Block 4705; thence running in an easterly-
direction and binding on the northern property line of Lot
15/16, Ward 9, Section 3, Block 4075 to a point of inter-
section with the western property line of Lot 5, Ward 9,
Section 3, Block 4075; thence running in a northerly di-
rection and binding on the western property line of Lot 5,
Ward 9, Section 3, Block 4075, crossing Homestead Street
to a point of intersection with the northern right-of-way
line of Homestead Street ;

thence running in an easterly direction and binding on the
northern right-of-way line of Homestead Street to a point
of intersection with the eastern property line of Lot 9/10,
Ward 9, Section 3, Block 4078 ; thence running in a north-
erly direction and binding on the eastern property line of
Lot 9/10, Ward 9, Section 3, Block 4078 to a point of inter-
section with the southern property line of Lot 5, Ward 9,
Section 3, Block 4078 ; thence running in an easterly direc-
tion and binding on the southern property line of Lot 5,
Ward 9, Section 3, Block 4078 to a point of intersection
with the eastern property line of Lot 5, Ward 9, Section 3,
Block 4078; thence running in a northerly direction and
binding on the eastern property line of Lot 5, Ward 9,
Section 3, Block 4078, crossing Gorsuch Avenue, to a point
of intersection with the northern right-of-way line of Gor-
such Avenue;

thence running in a westerly direction and binding on the
northern right-of-way line of Gorsuch Avenue to a point of
intersection with the western right-of-way line of Tinges
Lane; thence running in a northerly direction and binding
on the western right-of-way line of Tinges Lane to a point
of intersection with the southern right-of-way line of an un-
named 10 foot alley ; thence running in a westerly direction
and binding on the southern right-of-way line of said un-
named 10 foot alley to a point of intersection with the east-
ern property line of Lot 13, Ward 9, Section 2, Block 4068 ;
thence running in a northerly direction and binding on the
eastern property line of Lot 13, Ward 9, Section 2, Block
4068 to a point of intersection with the southern right-of-
way line of E. 33rd Street; thence running in a westerly
direction and binding on the southern right-of-way line of

ORDINANCES 359

E. 33rd Street to a point of intersection with the eastern
right-of-way line of Old York Road ;

thence running in a northerly direction and binding on the
eastern right-of-way line of Old York Road crossing E. 34th
Street to a point of intersection with an extended line of
the northern property line of Lot 11, Ward 9, Section 2,
Block 4049-C ; thence running in a westerly direction cross-
ing Old York Road and binding on said extended line and
the northern property line of Lot 11, Ward 9, Section 2,
Block 4049-C to a point of intersection with an extended
line of the western right-of-way line of an unnamed 10 foot
alley; thence running in a northerly direction and binding
on said extended line and the western right-of-way line of
said unnamed 10 foot alley to a point of intersection with
the southern right-of-way line of E. 35th Street; thence
running in a westerly direction and binding on the southern
right-of-way line of E. 35th Street, crossing Greenmount
Avenue to the point of beginning.

Sec. 2. And be it further ordained, That it is necessary
to acquire by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser
interest in and to certain properties or portions thereof,
together with all rights, title, interest, and estate that the
owner or owners of said property interests may have in
all streets, alleys, ways or lanes, public or private, abutting
said properties, situate in Baltimore City, Maryland, and
described as follows:

3201/21 Barclay Street

3223/27 Barclay Street

415 Merrymans Lane

417 Merrymans Lane

419 Merrymans Lane

Ward 12 Section 20 Block 3881A Lot 23

Sec. 3. And be it further ordained, That it may be neces-
sary to acquire by purchase or by condemnation for Urban
Renewal purposes the fee simple interest or any lesser
interest in and to such of the remaining properties or por-
tions thereof in the Waverly Business Area not specifically
designated for acquisition in this ordinance, as may be
deemed necessary and proper by the Commissioner of

360 ORDINANCES Ord. No. 1029

the Department of Housing and Community Development
to effect the proper implementation of the project.

(1) These properties may include:

(a) Any property in the project area containing a non-
salvable structure, i.e. a structure which in the opinion
of the Commissioner of the Department of Housing and
Community Development cannot be economically reha-
bilitated.

(b) Any property the owner of which is unable or un-
willing to comply or conform to the codes and ordinances
of Baltimore City and the Property Rehabilitation Stand-
ards set forth in Section 5 of this ordinance within 24
months from the date of written notice of the required
improvements, the Department of Housing and Community
Development, after due consideration that the property
owner has failed to achieve substantial conformity with
the codes and ordinances of Baltimore City, may acquire
such property pursuant to the Eminent Domain Law of
this State as if the property had originally been planned
for acquisition after 90 days written notice to the owner.
The Department of Housing and Community Development
reserves the right to acquire any such non-complying
property for a period of two (2) years from the date of
said written 90 days notice by the Department of Housing
and Community Development.

(2) Upon the acquisition of such properties the De-
partment of Housing and Community Development will
either :

(a) Rehabilitate the property in conformance with the
codes and ordinances of Baltimore City and the Property
Rehabilitation Standards set forth in Section 5 of this
ordinance and dispose of property in accordance with
applicable regulations. If sale cannot be consummated by
the time rehabilitation is accomplished, units may be
rented; or

(b) Sell or lease the property subject to rehabilitation
in conformance with the codes and ordinances of Balti-
more City and the Property Rehabilitation Standards set
forth in Section 5 of this ordinance ;

ORDINANCES 361

(c) Demolish the structure or structures thereon and
dispose of the land for redevelopment for uses in ac-
cordance with this Plan.

Sec. 4. And be it further ordained, That in addition to
the standards for properties outlined in the codes and
ordinances of the City of Baltimore, the following addi-
tional standards shall be applied to all non-residential uses
within thq. project area:

a. Windows

(3) Window openings in upper floors of the front of
the building shall not be filled, boarded up, or covered by
any flat or projecting signs. Windows in unused areas
of the upper floors may be backed by a solid surface on the
inside of the glass. Window panes shall not be painted.

(4) Shutters may be provided on windows above the
first floor level on the front of the buildings. They shall be
constructed of wood and affixed to the wall by either a
metal latch or be held permanently open (fastened to the
wall). The use of shutters shall be approved prior to in-
stallation by the Department of Housing and Community
Development, and shall not be allowed in cases where
shutters would be inharmonious with the design of the
building.

b. Building Fronts and Sides Abutting Streets

362 ORDINANCES Ord. No. 1029

building. All damaged, sagging or otherwise deteriorated
storefronts, show windows or entrances shall be repaired
or replaced.

(2) All cornices, upper storo STORY windows and all
other portions of a building containing wood trim shall be
made structurally sound. Rotten or weakened portions
shall be removed and repaired or replaced to match as
closely as possible the original patterns. All exposed wood
shall be painted or stained, or otherwise treated for
protection.

(3) A storefront as a part of the building facade shall
be denned to include :

(a) the building face and the entrance area leading
to the door;

(b) the door, sidelights, transoms, show windows, dis-
play platforms, devices including lighting and signing de-
signed to be viewed from the public right-of-way and/or
the areas visible to the public prior to entering the interior
portion of the structure.

Existing show windows, entrances, signs, lighting, sun
protection, security grilles, etc., shall be compatible, har-
monious and consistent with the scale and character of the
structure. All show window elements must be located
within 13 feet of grade on buildings proposed for con-
struction or substantial rehabilitation subsequent to the
effective date of this ordinance.

Storefronts on single story buildings shall be designed
for the full height to the cornice unless existing traditional
architectural elements are present, in which case the new
construction shall be harmonious with those elements.
Cornice lines shall be maintained.

Adjoining buildings used by the same occupant shall be
rehabilitated in a unified and harmonious manner. Each
building shall be rehabilitated and repaired with materials
and in a manner consistent with the original construction
techniques where feasible.

Enclosures and housings for security grilles and screens
shall be as inconspicuous as possible and compatible with
other elements of the facade.

ORDINANCES 363

All exposed portions of the grille, screen or enclosure
which are normally painted and all portions which require
painting to preserve, protect or renovate the surface shall
be painted. Non-metal grilles and screens shall be pro-
hibited.

No temporary or permanent sign affixed or placed
against the inside surface of a show window shall exceed
20 % of the area of that show window.

(4) Solid or permanently enclosed or covered store-
fronts shall not be permitted, unless treated as an integral
part of the building facade using wall materials and win-
dow detailing compatible with the upper floors.

(5) Awnings

(a) Soft, retractable awnings are permitted over the
first floor and on the upper floors over windows only.

(b) They must be flameproofed.

(c) They shall not project more than seven (7) feet
from the building front and shall otherwise conform with
the provisions of City ordinances.

(d) They shall terminate against the building at a
height not to exceed thirteen (13) feet above the pave-
ment, or one inch below the second floor window sill,
whichever is lower.

364 ORDINANCES Ord. No. 1029

(e) Rigid or fixed awnings, sun screens or permanent
canopies are not permitted on any portion of the building
front.

(6) All exterior front or side walls which have not
been wholly or partially resurfaced or built over shall be
repaired and cleaned or painted in an acceptable manner.
Brick walls shall be pointed where necessary. Painted
masonry walls shall have loose material removed and be
painted a single color except for trim which may be an-
other color. Patched walls shall match the existing ad-
jacent surfaces as to materials, color, bond and joining.
Cleaning of masonry surfaces by means of sandblasting
shall not be permitted.

(7) Materials used on storefronts shall be consistent
with the character of other buildings in the Business Area
as well as other materials used on the building itself.
Other factors such as durability, ease of maintenance and
historical accuracy of materials shall be considered in
relation to future material installations. Formstone, alu-
minum siding, real or simulated woodshakes, pebble-faced
plywood, or any other material not approved by the Com-
missioner, shall not be permitted for any future use. Ex-
isting corrugated metal facing shall be cleaned, or, with
approval of the Commissioner, painted a duranodic bronze
color. Corrugated metal facing may be used in the future
provided it is of a duranodic bronze finish. Existing alu-
minum siding shall be removed.

(8) Dormer windows on roofs sloping toward the shop-
ping street shall be treated in accordance with the same
criteria as building fronts.

(9) Existing miscellaneous elements on the building
fronts, such as empty electrical or other conduits, unused
sign brackets, etc., shall be eliminated.

(10) Sheet metal gutters and downspouts shall be re-
paired or replaced as necessary and shall be neatly located
and securely installed. Gutters and downspouts shall be
painted to harmonize with the other building front colors.

(11) No new mechanical equipment shall be allowed to
project through building fronts.

ORDINANCES 365

(12) No dumpsters or rubbish containers shall be ex-
posed at the fronts of buildings except those specifically
designed and intended for public use.

c. Rear and Side Walls

(2) Side walls, where visible from any of the streets,
shall be finished or painted so as to harmonize with the
front of the building.

d. Roofs

(2) Any new mechanical equipment placed on a roof
shall be so located as to be hidden from view from the
shopping streets, and to be as inconspicuous as possible
from other viewpoints. New equipment shall be screened
with suitable elements of a permanent nature, finished so
as to harmonize with the rest of the building. Where such
screening is unfeasible, equipment shall be installed in a
neat, presentable manner, and shall be painted in such a
manner as to minimize its visibility.

(3) Television and radio antennae shall be located so
as to be as inconspicuous as possible.

(4) Roofs shall be kept free of trash, debris, or any
other element which is not a permanent part of the building
or a functioning element of its mechanical or electrical
system.

e. Auxiliary Structures

Structures at the rears of buildings, attached or unat-
tached to the principal commercial structure, which are

366 ORDINANCES Ord. No. 1029

structurally deficient, shall be properly repaired or de-
molished.

f. Rear Yards

Where a rear yard exists or is created through the dem-
olition of structures, the owner shall condition the open
area in one of two ways as outlined below.

(1) Enclosures of Yards

A rear yard may be enclosed along side and rear prop-
erty lines by a masonry wall, consistent and harmonious in
design with the rear walls of the building. Solid doors or
solid gates may be used to the extent necessary for access
and delivery. Such walls must be not less than five feet
nor more than five feet six inches in height. Use of barbed
wire or broken glass on top of walls shall not be permitted.

(2) Provision of Parking Area

An unenclosed rear yard may be used as a parking or
loading area providing that it is properly paved, illumi-
nated and maintained. A sign not exceeding six (6) square
feet may be used to identify and control parking and load-
ing. The building occupant shall be responsible for main-
tenance of the parking area in a neat and clean manner.
No storage of trash containers shall be allowed in this
area except when housed in permanent structures of ac-
ceptable design.

g. Signs

(1) Existing signs may remain, provided they conform
to this plan. No signs other than those identifying the
property where they are installed or identifying the use
conducted therein shall be permitted. Advertising by ma-
terial or product manufacturers shall not be permitted
except as primary identification of an establishment. A
logo (decorative initial, trademark, symbol, etc.) may also
be used as part of the sign.

All lighting and electrical elements such as wires, con-
duits, junction boxes, transformers, ballasts, switches and
panel boxes shall be concealed from view as much as
possible.

ORDINANCES 367

(2) New flat signs shall be placed parallel to the build-
ing face and shall not project more than 12" from the
surface of the building and shall not exceed in area three
times the width in feet of the frontage of the building.
In the case of corner properties, each facade is to be cal-
culated separately as to size allowed for each. Flat signs
shall be placed no higher than the bottom of the second
story window (where windows exist), 13 feet above grade
level, or at a location in scale with the building facade as
approved" by the Department of Housing and Community
Development, whichever is lower. Lettering applied to
ground floor show windows or entrance doors shall not
exceed two and one-half (2i/ 2 ) inches in height, and the
text limited to identification of the business. Signs identi-
fying the occupant shall be permitted at rear entrance
doors but shall not exceed six square feet in size, except
where authorized by the Department of Housing and Com-
munity Development.

(3) Freestanding signs (pole signs) shall be permitted
for identification of automobile service stations and for
vacant automobile service stations proposed for commer-
cial reuse, provided that such sign does not exceed 24 feet
in height and 80 square feet in area (total of both faces).
These freestanding signs shall not project into the public
right-of-way; and shall contain only the name of the
business conducted on the site therein, and/or a logo,
decorative initial, trademark or symbol. Freestanding
signs may be permitted on other sites where buildings are
set back from their property lines, subject to the approval
of the Commissioner.

(4) One projecting sign shall be permitted for each
street level business within the project boundaries. These
signs shall be double faced and oriented 90% to the build-
ing face. Tops e£ signs SIGNS shall extend no higher than
15 feet and no lower than 10 feet above the sidewalk. Signs
shall project no more than 4 feet from the face of the
building. Total area of the sign shall not exceed 12 square
feet per face. These signs shall feature only the name of
the establishment, and/or a graphic symbol or logo, and
shall be constructed of wood, plastic, or metal. Signs shall
be mounted to the storefront in an attractive and work-
manlike manner. The use of logos, symbols, or freestanding

368 ORDINANCES Ord. No. 1029

letters is encouraged. Internally lit box or suitcase signs
are not permitted. In all cases, the type of sign and its
location shall be harmonious in scale, color and style with
the building, and shall be approved by the Commissioner
only upon submission and review of a scaled descriptive
drawing showing the sign's location, size, material, and
methods of mounting and lighting. Existing projecting
signs shall be allowed to remain on 31st and 32nd Streets,
provided that the signs and their supporting mechanisms
are kept in good repair.

(5) Painted signs on building surfaces or use of sepa-
rate cutout letters shall be permitted in accordance with
the above limits for flat signs.

(6) Non-illuminated secondary signs shall be permitted
for the identification of commercial tenants occupying the
upper floors of a building. Such signs shall not exceed two
(2) square feet in area and shall not project more than
one inch beyond the surface of the building, nor shall they
be placed higher than 13 feet above grade level.

(7) Roof top signs, signs above the parapet of a build-
ing, billboards, or outdoor advertising signs painted or
mounted on structures other than billboards, except as
otherwise herein provided, shall not be permitted.

(8) All existing rooftop and facade-mounted sign
brackets and hardware shall be removed, except as per-
mitted on 31st Street and 32nd Street.

(9) Marquees shall not be allowed on buildings other
than existing operating theatres.

(10) Painted or inlaid signs on cloth awning are per-
mitted.

(11) Flashing or moving signs other than barber poles
or existing neon shall not be permitted.

(12) All projecting signs shall be lit in an acceptable
manner such as is described in section (h) — Lighting
(below). Method of lighting shall be shown on drawings
for signs.

(13) All signs not conforming to the above regulations
shall be removed within two years from date of enactment

ORDINANCES 369

of this plan; except billboards larger than sixty square
feet, which shall be removed within five years. No lease
for such billboards expiring after date of enactment of
this plan shall be renewed. Future minor privilege permits
for signs shall be issued only for those signs meeting
project design criteria.

(14) No private sign shall be permitted except as herein
provided or as otherwise authorized by the Department
of Housing and Community Development for temporary
purposes not exceeding thirty days.

Each store is required to display a postal address num-
ber on the storefront. The number shall be used in con-
junction with the Waver ly logo. Number size style, loca-
tion and design shall be approved by the Commissioner.

h. Lighting

(1) The following lighting methods are not permitted:

(a) Exposed fluorescent lighting.

(b) Exposed quartz or mercury vapor lamps.

(2) The following lighting methods are permitted:

(a) Fully recessed downlights or wall washers in pro-
jecting metal box. Box must run full length of storefront
at top of sign area.

(b) Shielded fluorescent lamps with diff users in pro-
jecting metal box. Box must run full length of storefront
at top of sign zone.

(c) "Gooseneck incandescents", porcelain enamel reflec-
tor on bent metal tube arm. Housing to prevent glare at
pedestrian eyeline.

(d) Internally illuminated (except projecting signs) or
back-lit (halo) letters.

i. Footways adjacent to all properties within the area
boundaries shall be maintained in a manner consistent
with applicable Baltimore City Codes. In addition, when
required, footways shall be repaired or replaced to present

370 ORDINANCES Ord. No. 1029

a neat and even appearance and in a manner that is com-
patible with the materials, design and finish of adjacent
footway surfaces.

/. OFF-STREET PARKING REQUIREMENTS

(1) PARKING SPACES SHALL BE PROVIDED ON
ALL LOTS FOR DEVELOPMENT AS ESTABLISHED
IN THE ZONING ORDINANCE OF BALTIMORE CITY,
OR IN SUCH LESSER AMOUNT AS MAY BE AU-
THORIZED BY BOARD OF MUNICIPAL AND ZON-
ING APPEALS AS A SPECIAL EXCEPTION OR VARI-
ANCE. IN ADDITION TO THESE REQUIREMENTS,
OFF-STREET PARKING AREAS SHALL BE VISU-
ALLY SCREENED FROM PUBLIC STREETS AND
ADJACENT PROPERTIES.

(2) ALL REQUIRED PARKING SPACES SHALL BE
PROVIDED WITH THE PROPER INGRESS AND
EGRESS TO A PUBLIC STREET OR ALLEY BY
MEANS OF ACCESS DRIVES AND AISLES.

(3) ALL PARKING FACILITIES SHALL BE EFFEC-
TIVELY SCREENED. SCREENING SHALL CONSIST
OF A MASONRY WALL OR DURABLE FENCE, OR
COMBINATION THEREFORE, OR COMBINATION
THEREOF, NOT LESS THAN FOUR (U) FEET IN
HEIGHT; IN LIEU OF SUCH WALL OR FENCE A
COMPACT EVERGREEN HEDGE OF NOT LESS THAN
FOUR (U) FEET IN HEIGHT AT TIMES OF ORIG-
INAL PLANTING MAY BE USED. SCREENING AND
LANDSCAPING SHALL BE MAINTAINED IN GOOD
CONDITION AND SHALL BE SO DESIGNED AND
PLACED SO AS NOT TO OBSTRUCT VEHICLE SIGHT
DISTANCES AT ENTRANCES AND EXITS. THE DE-
SIGN OF THE LOT SCREENING SHALL BE AP-
PROVED BY THE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT.

(U) ALL EXTERIOR (SURFACE) PARKING AREAS
SHALL BE PAVED WITH A HARD, DUST-FREE SUR-
FACE, AND SHALL BE PROPERLY ILLUMINATED.

jr K. Period of Compliance

To the extent that rehabilitation requirements for com-
mercial uses are specifically applicable to the Waverly

ORDINANCES 371

Business Area and are not generally required elsewhere,
the work necessary to meet such requirements shall be
completed within two (2) years from the effective date of
this plan, unless specifically outlined elsewhere in this plan.
No work, alterations or improvements shall be undertaken
after enactment of this plan which do not conform with
the requirements herein.

Nothing herein shall be construed to permit any sign,
construction, alteration, change, repair, use or any other
matter otherwise forbidden or restricted or controlled by
any other public law.

kr L. Design Review and Approval

(1) It shall be the responsibility of the Department of
Housing and Community Development to supervise that
part of this Renewal Plan dealing with design, code en-
forcement and inspection.

(2) Designs for all improvements, modification, repairs,
rehabilitation or painting affecting the exterior of the
existing buildings, yards, show windows, signs, exterior
footways and new construction shall be submitted to the
Department of Housing and Community Development and
written approval by the Department shall be required be-
fore obtaining the necessary permits and proceeding with
the work.

(3) The Department of Housing and Community De-
velopment shall be concerned with all aspects of design
affecting exterior appearance, and in particular with the
following :

(a) Colors to be used on buildings and signs.

(b) Design of show windows and entrance area, in-
cluding choice of materials and types of security devices.

(d) Conditioning of rear yard spaces, location of de-
livery signs.

(e) All exterior materials and colors.

(f) Design of awnings, shutters and upper floor
windows.

372 ORDINANCES Ord. No. 1029

(g) Compatibility of new construction as to scale, color,
materials and signing.

(h) Design and construction of exterior footways and
footway elements such as street trees and driveways.

Sec. 5. And be it further ordained, That any person
violating any of the provisions of Section 4 of this ordi-
nance shall be guilty of a misdemeanor and shall be sub-
ject to a fine not exceeding One Hundred Dollars ($100.00)
and that each day's violation shall constitute a separate
offense.

Sec. 6. And be it further ordained, That all plans for
new construction (including parking lots) or rehabilita-
tion on any property not to be acquired under the provi-
sions of this plan shall be submitted to the Department of
Housing and Community Development for review. Upon
finding that the proposed plans are consistent with the
objectives of the urban renewal plan, the Commissioner of
the Department of Housing and Community Development
shall authorize the processing of the plans for issuance of
a building permit. The provisions of this section are in
addition to and not in lieu of all other applicable laws and
ordinances relating to new construction.

Sec. 7. And be it further ordained, That all applications
for demolition permits shall be submitted to the Depart-
ment of Housing and Community Development for review
and approval. Upon finding that the proposed demolition
is consistent with the objectives of the urban renewal
plan, the Commissioner of the Department of Housing and
Community Development shall authorize the issuance of
the necessary permit. If the Commissioner finds that the
proposal is inconsistent with the urban renewal plan and
therefore denies the issuance of the permit, he shall, within
90 days of such denial, seek approval of the Board of
Estimates to acquire for and on behalf of the Mayor and
City Council of Baltimore the property, in whole or in
part, on which said demolition was to have occurred by
purchase, lease, condemnation, gift or other legal means
for the renovation, rehabilitation and disposition thereof.
In the event that the Board of Estimates does not authorize

ORDINANCES 373

the acquisition, the Commissioner shall without delay,
issue the demolition permit.

Sec. 8. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such persons and in such manner as the Board of Esti-
mates, in the exercise of the power vested in it by Article
V, Section 5, of the Baltimore City Charter, may hereafter
from time to time designate, is or are authorized to ac-
quire on Behalf of the Mayor and City Council of Baltimore
and for the purposes described in this ordinance the fee
simple interest or any lesser interest in and to the proper-
ties or portions thereof hereinabove mentioned, together
with all right, title, interest and estate that the owner or
owners of said property interests may have in all streets,
alleys, ways or lanes, public or private, both abutting the
whole area described and/or contained within the perim-
eter of said area. If the said Real Estate Acquisition Divi-
sion of the Department of the Comptroller, or such person
or persons and in such manner as the Board of Estimates
in the exercise of the power vested in it by Article V,
Section 5, of the Baltimore City Charter, may hereafter
from time to time designate, is or are unable to agree with
the owner or owners on the purchase price for said prop-
erties or portions thereof, it or they shall forthwith notify
the City Solicitor of Baltimore City who shall thereupon
institute in the name of the Mayor and City Council of
Baltimore the necessary legal proceedings to acquire by
condemnation the fee simple interest or any lesser interest
in and to said properties or portions thereof.

Sec. 9. And be it further ordained, That selling or other-
wise disposing of the property in the Waverly Business
Area, the Department of Housing and Community De-
velopment shall require that developers agree in writing
not to discriminate in the sale, lease, use or occupancy of
the property developed by them against any person be-
cause of race, creed, color or national origin.

Sec. 10. And be it further ordained, That in whatever
respect, if the Renewal Plan approved hereby for the
Waverly Business Area may not meet the requirements as
to the content of a Renewal Plan or the procedure for the

374 ORDINANCES Ord. No. 1029

preparation, adoption, and approval of Renewal Plans as
provided in Section 25 of Article 13 of the Baltimore City
Code (1976 Edition, as Amended) the said requirements
are hereby waived and the Renewal Plan approved hereby
is exempted therefrom.

Sec. 11. And be it further ordained, That in the event
it be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and application of such
provisions to other persons or circumstances shall not be
affected thereby, the Mayor and City Council hereby de-
claring that they would have ordained the remaining pro-
visions of this ordinance without the word, phrase, clause,
sentence, paragraph, section or part or the application
thereof so held invalid.

Sec. 12. And be it further ordained, That in any case
where a provision of this ordinance concerns the same sub-
ject matter as an existing provision of any zoning, build-
ing, electrical, plumbing, health, fire or safety ordinance
or code or regulation, the applicable provisions concerned
shall be construed so as to give effect to each; provided,
however, that if such provisions are found to be in
irreconcilable conflict, the provision which establishes the
higher standard for the promotion and protection of the
public health and safety shall prevail. In any case where
a provision of this ordinance is found to be in conflict with
an existing provision of any other ordinance or code or
regulation in force in the City of Baltimore which estab-
lishes a lower standard for the promotion and protection
of the public health and safety, the provision of this ordi-
nance or code or regulation is hereby repealed to the
extent that it may be found in conflict with this ordinance.

Sec. 13. And be it further ordained, That the Renewal
Plan for the Waverly Business Area, identified as "Urban
Renewal Plan, Waverly Business Area", having been duly
reviewed and considered, is hereby approved, and the Clerk
of the City Council is hereby directed to file a copy of said
Renewal Plan with the Department of Legislative Ref-

ORDINANCES 375

erence as a permanent record and make the same available
for public inspection and information.

Sec. 14. And be it further ordained, That to the extent
that this ordinance shall conflict with any other ordinance
in effect in the City of Baltimore relating to urban re-
newal, the terms and conditions of this ordinance shall
prevail.

Sec. 1$. And be it further ordained, That the provisions
of this ordinance and the renewal plan for the Waverly
Business Area shall apply only to properties used, in whole
or in part, for commercial purposes and shall not apply or
have application to properties used solely for residential
purposes.

Sec. 16. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1030
(Council No. 2288)

An Ordinance to amend the Renewal Plan for Oliver, which
Plan was originally approved by Ordinance No. 1067,
dated May 17, 1971, to, among other things, (1) delete
1629 E. Federal Street from acquisition; (2) authorize
the acquisition of certain properties, by purchase or by
condemnation, for urban renewal purposes; (3) provide
standards and controls governing the reuse of these
acquired properties; (4) change the land use and modify
the boundaries and standards and controls of certain
disposition lots; (5) prohibit sandblasting as a means
of cleaning masonry facades on all non - r e sidential uses
designated for rehabilitation and provide penalties for
violating this prohibition; (6) revise certain appendices
and exhibits attached to said plan to indicate changes

376 ORDINANCES Ord. No. 1030

provided herein; (7) waive such requirements, if any,
as to content or procedure for the preparation, adoption,
and approval of renewal plans as set forth in Section 25
of Article 13 of the Baltimore City Code (1976 Edition,
as amended), which the Renewal Plan for Oliver may
not meet; (8) provide that the approval of Amendment
No. 8 to the Urban Renewal Plan for Oliver shall not
be construed as an enactment of such amendments to
the Zoning Ordinance as are proposed in said Urban
Renewal Plan; (9) provide for the separability of the
various parts and applications of this ordinance; (10)
provide that where the provisions of this ordinance shall
conflict with any other ordinance, code or regulations,
the provision which establishes the higher standard shall
prevail; and (11) provide for an effective date hereof.

Whereas, the Renewal Plan for Oliver was approved by
the Mayor and City Council of Baltimore by Ordinance
No. 1067, dated May 17, 1971, and last amended by
Ordinance No. 347, dated June 20, 1977 ; and

Whereas, pursuant to Section 25, Article 13 of the Bal-
timore City Code (1976 Edition, as amended), no substan-
tial change or changes shall be made in any renewal plan,
after approval by ordinance, without such change or
changes first being adopted and approved in the same
manner as set forth in said Section 25 for the approval of
renewal plans, namely the preparation of such change or
changes by the Department of Housing and Community
Development, the approval of such change or changes by
the Director of the Department of Planning, and approval
and adoption by an ordinance of the Mayor and City
Council of Baltimore after a public hearing in relation
thereto, all in the manner set forth in said Section 25 ; and

Whereas, extensive changes in the Renewal Plan for
Oliver make it infeasible to make line-by line changes;
therefore, the Department of Housing and Community
Development has prepared an amended Urban Renewal
Plan for Oliver ; and

Whereas, said amended Renewal Plan for Oliver has
been approved by the Director of the Department of Plan-
ning with respect to its conformity as to the Master Plan,

ORDINANCES 377

the detailed location of any public improvements proposed
in the amended Renewal Plan, its conformity to the rules
and regulations for subdivisions, and all zoning changes
proposed in the amended Renewal Plan; and the said
amended Renewal Plan has been approved and recom-
mended to the Mayor and City Council of Baltimore by the
Commissioner of the Department of Housing and Com-
munity Development, now, therefore,

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the amended Urban Renewal Plan for
Oliver, identified as "Urban Renewal Plan, Oliver ... re-
vised to include Amendment No. 8, dated February 13,
1979" AND REVISED MAY 14, 1979, is hereby ap-
proved and the Clerk of the City Council is hereby directed
to file a copy of said amended Urban Renewal Plan with
the Department of Legislative Reference as a permanent
public record and to make the same available for public
inspection and information.

Sec. 2. And be it further ordained, That it is necessary
to delete from acquisition, by purchase or by condemna-
tion, the property known as 1629 E. Federal Street which
was authorized to be acquired by Ordinance No. 347, dated
June 20, 1977.

Sec. 3. And be it further ordained, That it is necessary
to acquire by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser
interest in and to certain properties or portions thereof
together with all right, title, interest, and estate that the
owner or owners of said property interests may have in all
streets, alleys, ways or lanes, public or private, both abut-
ting the whole area described and/or contained within the
perimeter of said area, situate in Baltimore City, Mary-
land, and described as follows :

1803 Aisquith Street
1805 Aisquith Street

1523 N. Bethel Street

Rear of 1523 N. Bethel Street (Lot 100, Block 1127)

1701 N. Caroline Street

378 ORDINANCES Ord. No. 1030

1227 N. Central Avenue
1408 N. Eden Street
1400-06 E. Lafayette Avenue

1624 Llewelyn Avenue

1625 Llewelyn Avenue

1626 Llewelyn Avenue

1627 Llewelyn Avenue

1628 Llewelyn Avenue

1629 Llewelyn Avenue

that portion of 1201 E. Preston Street formerly
known as 1205 E. Preston Street

1804 N. Spring Street

1806 N. Spring Street

1808 N. Spring Street

1810 N. Spring Street

1814 N. Spring Street

1816 N. Spring Street

1818 N. Spring Street

1822 N. Spring Street

1824 N. Spring Street

1826 N. Spring Street

1828 N. Spring Street

1830 N. Spring Street

1832 N. Spring Street

1834 N. Spring Street

1836 N. Spring Street

1838 N. Spring Street

1840 N. Spring Street

1842 N. Spring Street

1844 N. Spring Street

1846 N. Spring Street

1848 N. Spring Street

ORDINANCES 379

Baltimore and for the purposes described in this ordinance,
the fee simple interest or any lesser interest in and to the
properties or portions thereof hereinabove mentioned. If
the said Real Estate Acquisition Division of the Depart-
ment of the Comptroller, or such person or persons, and in
such manner as the Board of Estimates in the exercise of
the power vested in it by Article V, Section 5 of the Bal-
timore City Charter, may hereafter from time to time
designate : is or are unable to agree with the owner or
owners on the purchase price for said properties or por-
tions thereof, it or they shall forthwith notify the City
Solicitor of Baltimore City, who shall thereupon institute
in the name of the Mayor and City Council of Baltimore
the necessary legal proceedings to acquire by condemna-
tion the fee simple interest or any lesser interest in and
to said properties or portions thereof.

Sec. 5. And be it further ordained, That in addition to
the standards to be applied to all non-residential uses des-
ignated for rehabilitation within the project area as set
forth in Ordinance No. 470, dated November 14, 1973, the
following standard shall also be applied TO ALL PROP-
ERTIES WITHIN OLIVER:

Cleaning of masonry facades by means of
sandblasting shall not be permitted.

Sec. 6. And be it further ordained, That any person
guilty of violating the provisions contained in Section 5
of this ordinance shall be guilty of a misdemeanor and
shall be subject to a fine not exceeding One Hundred
Dollars ($100.00) and that each day's violation shall con-
stitute a separate offense.

Sec. 7. And be it further ordained, That the approval of
Amendment No. 8 to the Urban Renewal Plan for Oliver
shall not be construed as an enactment of such amend-
ments to the Zoning Ordinance as are proposed in said
Urban Renewal Plan.

Sec. 8. And be it further ordained, That in whatever
respect, if any, the Renewal Plan approved hereby for the
Oliver area may not meet the requirements as to the con-

380 ORDINANCES Ord. No. 1030

tent of a renewal plan or the procedure for the prepara-
tion, adoption, and approval of renewal plans as provided
in Section 25, Article 13 of the Baltimore City Code (1976
Edition, as amended), the said requirements are hereby
waived and the amended Renewal Plan approved hereby
is exempted therefrom.

Sec. 9. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause, sen-
tence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the applica-
tion thereof so held invalid.

Sec. 10. And be it further ordained, That in any case
where a provision of this ordinance concerns the same
subject matter as an existing provision of any zoning,
building, electrical, plumbing, health, fire or safety code or
regulation, the applicable provisions concerned shall be
construed so as to give effect to each; provided, however,
that if such provisions are found to be in irreconcilable
conflict, the provision which establishes the higher standard
for the promotion of the public health and safety shall
prevail. In any case where a provision of this ordinance is
found to be in conflict with an existing provision of any
other ordinance or code or regulation in force in the City
of Baltimore which establishes a lower standard for the
promotion and protection of the public health and safety,
the provision of this ordinance shall prevail, and the other
existing provision of such other ordinance or code or regu-
lation is hereby repealed to the extent that it may be found
in conflict with this ordinance.

Sec. 11. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 381

No. 1031
(Council No. 2294)

An Ordinance to authorize the Mayor and City Council
of Baltimore (pursuant to Chapter 9 of the Acts of the
General Assembly of Maryland of 1979), to issue and
sell its certificates of indebtedness to an amount not
exceeding Seven Million Three Hundred Thousand Dol-
lars ($7,300,000.00), the proceeds derived from the sale
of the same to be used for the cost of issuance, including
the expense of engraving, printing, advertising, attor-
neys' fees, and other incidental expenses connected there-
with, and the remainder of such proceeds shall be used
for the purpose of enlarging, extending, altering, mod-
ernizing, and improving the sanitary sewerage, storm
water drainage, and stream valley systems of Baltimore
City, including, but not limited to, the construction of
additional sewage disposal plants, pumping stations and
other appurtenances, the alteration, enlargement, mod-
ernization and improvement of existing sewage disposal
plants, pumping stations and other appurtenances, and
the acquisition by purchase or condemnation of any and
all sanitary and storm water sewers, sewage disposal
plants, pumping stations and other appurtenances, as
well as of any and all land and property, and of any
right, interest, franchise, easement or privilege therein,
as may be necessary for any or all of the above men-
tioned purposes, and doing any and all things necessary,
proper or expedient in connection with or pertaining to
any or all of the matters or things hereinbefore men-
tioned; and any or all of said work or acquisition of
property may be done either within or outside of the
boundary lines of Baltimore City; providing, however,
that no part of such proceeds shall be used to pay costs
not directly related to and required for the acquisition,
construction or completion of a specific physical im-
provement and the initial equipping thereof ; it being the
intent of this provision to limit the use of such proceeds
to capital expenditures and to prohibit their use for
current expenses of the City; conferring and imposing
upon the Board of Finance of Baltimore City certain
powers and duties; authorizing the submission of this

382 ORDINANCES Ord. No. 1031

ordinance to the legal voters of the City of Baltimore,
for their approval or disapproval at the Municipal Elec-
tion to be held in Baltimore City on Tuesday, the 6th
day of November, 1979 ; and providing for the expendi-
ture of the proceeds of sale of said certificates of in-
debtedness in accordance with the provisions of the
Charter of the Mayor and City Council of Baltimore, and
by the municipal agency designated in the annual Ordi-
nance of Estimates of the Mayor and City Council of
Baltimore.

Whereas, by Chapter 9 of the Acts of the General As-
sembly of Maryland of 1979, the Mayor and City Coun-
cil of Baltimore is authorized to create a debt and to
issue and sell its certificates of indebtedness (hereinafter
called "bonds") as evidence thereof, to an amount not
exceeding Seven Million Three Hundred Thousand Dollars
($7,300,000.00) in the manner and upon the terms as set
forth in said Act, the net proceeds derived from the sale
of said bonds, not exceeding the par value of said bonds,
to be used for and in connection with the sanitary sewer-
age, storm water drainage, and stream valley systems of
Baltimore City as authorized by said Act; and

Whereas, Funds are now needed for said purposes;
therefore

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Mayor and City Council of Balti-
more, acting by and through the Board of Finance of said
municipality, be and it is hereby authorized and empowered
to issue bonds of the Mayor and City Council of Baltimore
to an amount not exceeding Seven Million Three Hundred
Thousand Dollars ($7,300,000.00), from time to time, as
the same may be needed or required for the purposes here-
inafter named and said bonds shall be sold by said Board
of Finance from time to time and at such times as shall
be requisite, and the proceeds derived from the said bonds
shall be used for the purposes hereinafter named, provided
that this ordinance shall not become effective unless it
shall be approved by the majority of the votes of the legal
voters of Baltimore City cast at the time and place herein-
after designated by this ordinance.

ORDINANCES 383

Sec. 2. And be it further ordained, That said bonds shall
be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One
Thousand Dollars ($1,000.00) or any suitable multiple
thereof, to be redeemable in twenty (20) yearly series on
the fifteenth day of October, in each of the years and in
the amounts as set forth in the following schedule :

EACH OF THE YEARS AMOUNT IN

EACH OF THE YEARS

1984 through 2003 $365,000.00

both inclusive

Said bonds, when issued, shall bear interest at such rate
or rates as may be determined by a majority of the Board
of Finance by resolution at such time or times when any
of the said bonds are issued, the interest to be payable
semi-annually on the fifteenth day of April and the fif-
teenth day of October in each year after issuance, during
the respective periods that the series in which said bonds
are issued may run.

Sec. 3. And be it further ordained, That a majority of
the Board of Finance of the Mayor and City Council of
Baltimore be, and they are hereby, authorized to pass a
resolution or resolutions, from time to time, to determine
and set forth any or all of the following:

(a) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under
the provisions of this ordinance at any particular time,
including any interest coupons to be attached thereto; the
provisions, if any, for the issuance of coupon bonds; the
provisions, if any, for the issuance of fully registered
bonds; the provisions, if any, for the registration as to
principal of any coupon bonds; and the provisions, if any,
for the conversion and reconversion into coupon bonds of
any fully registered bonds or coupon bonds registered as
to principal; the place or places for the payment of prin-
cipal and interest of said bonds issued at any particular
time and the right of redemption of said bonds by the City
prior to maturity ; and

384 ORDINANCES Ord. No. 1031

(b) The time, place, manner and medium of advertise-
ment of the readiness of the Board of Finance, acting
for and on behalf of the Mayor and City Council of Bal-
timore, to receive bids for the purchase of the bonds
authorized to be issued hereunder, or any part thereof;
the form, terms and conditions of such bids; the time,
place and manner of awarding bonds so bid for, including
the right whenever any of the bonds authorized by this
ordinance are offered for sale and sold at the same time as
other bonds of said city, to establish the conditions for
bids and awards and to award all of said bonds on an
all or none basis; and the time, place, terms and manner
of settlement for the bonds so bid for.

Sec. 4. And be it further ordained, That: (a) All pre-
miums resulting from the sale of any of the bonds issued
and sold pursuant to the provisions of this ordinance shall
be applied first to defray the cost of issuance thereof and
the balance, if any, shall be applied to the payment of
interest on any of said bonds becoming due and payable
during the fiscal year in which said bonds are issued and
sold or during the next succeeding fiscal year.

(b) The debt authorized by the provisions of this
ordinance, and the bonds issued and sold pursuant thereto
and their transfer, and the principal and interest payable
thereon (including any profit made in the sale thereof),
shall be and remain exempt from any and all State, county
and municipal taxation in the State of Maryland.

(c) All bonds issued and sold pursuant to the provi-
sions of this ordinance shall be sold at public sale to the
highest responsible bidder or bidders therefor after due
notice of such sale, but the Mayor and City Council of
Baltimore, acting by and through the Board of Finance
thereof, shall have the right to reject any or all bids
therefor for any reason, and thereafter reoffer such bonds
at public sale as aforesaid or at private sale, provided
that if such bonds be offered at private sale they shall be
offered for sale and sold for not less than par and accrued
interest.

Sec. 5. And be it further ordained. That until all of the
interest on and principal of any bonds issued pursuant to

ORDINANCES 385

the provisions of this ordinance have been paid in full the
Mayor and City Council of Baltimore shall levy and im-
pose an annual tax on each One Hundred Dollars ($100.00)
of assessable property in the City of Baltimore at a rate
sufficient to produce revenue to pay all interest on and
principal of all bonds theretofore issued and outstanding
or authorized to be issued and outstanding, payable in the
next succeeding year.

Sec. 6. And be it further ordained, That this ordinance
shall be submitted to the legal voters of the City of Balti-
more, for their approval or disapproval at the Municipal
Election to be held in Baltimore City, on Tuesday, the 6th
day of November, 1979.

Sec. 7. And be it further ordained, That prior to the
date of the election hereinbefore mentioned, notice shall
be given to the public of the amount of money which the
Mayor and City Council of Baltimore is authorized to
borrow, and the general purposes for which such borrowed
funds may be expended, under the terms and provisions of
this ordinance, and the time when the election hereinbe-
fore mentioned is to be held; and such public notice shall
be given in such manner and by such means or through
such media and at such time or times as may be deter-
mined, from time to time, by a majority of the Board of
Finance.

Sec. 8. And be it further ordained, That the actual cash
proceeds derived from the sale of the bonds authorized to
be issued under the provisions of this ordinance, not ex-
ceeding the par value thereof, shall be used exclusively for
the following purposes, to wit :

(a) So much thereof as may be necessary in addition
to the premiums realized from the sale, if any, for the
cost of issuance, including the expense of engraving, print-
ing, advertising, attorneys' fees and all other incidental
expenses connected therewith ; and

(b) The remainder of such proceeds shall be used for
the purpose of enlarging, extending, altering, moderniz-
ing, and improving the sanitary sewerage, storm water
drainage, and stream valley systems of Baltimore City,

386 ORDINANCES Ord. No. 1032

including, but not limited to, the construction of additional
sewage disposal plants, pumping stations and other ap-
purtenances, the alteration, enlargement, modernization
and improvement of existing sewage disposal plants, pump-
ing stations and other appurtenances, and the acquisition
by purchase or condemnation of any and all sanitary and
storm water sewers, sewage disposal plants, pumping sta-
tions and other appurtenances, as well as of any and all
land and property, and of any right, interest, franchise,
easement or privilege therein, as may be necessary for any
or all of the above mentioned purposes, and doing any and
all things necessary, proper or expedient in connection with
or pertaining to any or all of the matters or things here-
inbefore mentioned, and any or all of said work or acqui-
sition of property may be done either within or outside
of the boundary lines of Baltimore City; providing, how-
ever, that no part of such proceeds shall be used to pay
costs not directly related to and required for the acquisi-
tion, construction or completion of a specific physical im-
provement and the initial equipping thereof; it being the
intent of this provision to limit the use of such proceeds
to capital expenditures and to prohibit their use for cur-
rent expenses of the City.

Sec. 9. And be it further ordained, That the expenditure
of the proceeds derived from the sale of the bonds author-
ized to be issued under the provisions of this ordinance
shall be in accordance with the provisions of the Charter
of the Mayor and City Council of Baltimore, and by the
municipal agency designated in the annual Ordinance of
Estimates of the Mayor and City Council of Baltimore.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1032
(Council No. 2295)

An Ordinance to authorize the Mayor and City Council
of Baltimore (pursuant to Chapter 10 of the Acts of the

ORDINANCES 387

General Assembly of Maryland of 1979), to issue and
sell its certificates of indebtedness to an amount not
exceeding One Million Seven Hundred Thousand Dollars
($1,700,000.00), the proceeds derived from the sale of
the same to be used for the cost of issuance, including
the expense of engraving, printing, advertising, attor-
neys' fees, and all other incidental expenses connected
therewith, and the remainder of such proceeds shall be
used for. the acquisition, by purchase, condemnation or
any other legal means, of land or property, or any rights
therein, in the City of Baltimore, and for constructing
and erecting on said land or property, or on any land or
property now or hereafter owned by the Mayor and
City Council of Baltimore, buildings, structures or fa-
cilities to be used by the Fire Department of Baltimore
City for fire stations, and for the acquisition and installa-
tion of equipment for any and all existing facilities or
new facilities authorized to be constructed or erected
under the provisions hereof, and for doing any and all
things necessary, proper or expedient in connection
with or pertaining to any or all of the matters or things
hereinbefore mentioned; to confer and impose upon the
Board of Finance of Baltimore City certain powers and
duties; to authorize the submission of this ordinance
to the legal voters of the City of Baltimore, for their
approval or disapproval, at the Municipal Election to
be held in Baltimore City on Tuesday, the 6th day of
November, 1979, and providing for the expenditure of
the proceeds of sale of said certificates of indebtedness
in accordance with the provisions of the Charter of the
Mayor and City Council of Baltimore, and by the mu-
nicipal agency designated in the annual Ordinance of
Estimates of the Mayor and City Council of Baltimore.

Whereas, by Chapter 10 of the Acts of the General
Assembly of Maryland of 1979, the Mayor and City Council
of Baltimore is authorized to create a debt, and to issue
and sell its certificates of indebtedness (hereinafter called
"bonds") as evidence thereof, in an amount not exceeding
One Million Seven Hundred Thousand Dollars ($1,700,-
000.00), in the manner and upon the terms set forth in
said Act, the net cash proceeds derived from the sale of
said bonds, not exceeding the par value of said bonds, to

388 ORDINANCES Ord. No. 1032

be used for the construction, erection and equipment of
Fire Department buildings, structures or facilities as au-
thorized by said Act ; and

Whereas, Funds are now needed for said purposes;
therefore

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Mayor and City Council of Balti-
more, acting by and through the Board of Finance of said
municipality, be and it is hereby authorized and empowered
to issue bonds of the Mayor and City Council of Baltimore
to an amount not exceeding One Million Seven Hundred
Thousand Dollars ($1,700,000.00), from time to time, as
the same may be needed or required for the purposes
hereinafter named and said bonds shall be sold by said
Board of Finance from time to time, and at such times as
shall be requisite, and the proceeds derived from the sale
of said bonds shall be used for the purposes hereinafter
named, provided that this ordinance shall not become
effective unless it shall be approved by a majority of the
votes of the legal voters of Baltimore City cast at the time
and place hereinafter designated by this ordinance.

Sec. 2. And be it further ordained, That said bonds shall
be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One
Thousand Dollars ($1,000.00) or any suitable multiple
thereof, to be redeemable in Ten (10) yearly series on the
Fifteenth day of October in each of the years and in the
amounts as set forth in the following schedule:

Each of the Years Amount in

Each of the Years

1983 through 1992, $170,000.00

both inclusive

Said bonds, when issued, shall bear interest at such rate
or rates as may be determined by a majority of the Board
of Finance by resolution at such time or times when any
of said bonds are issued, the interest to be payable semi-
annually on the Fifteenth day of April and the Fifteenth
day of October, in each year after issuance, during the

ORDINANCES 389

respective periods that the series in which said bonds are
issued may run.

(a) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under
the provisions of this ordinance at any particular time,
including any interest coupons to be attached thereto; the
provisions, if any, for the issuance of coupon bonds; the
provisions, if any, for the issuance of fully registered
bonds; the provisions, if any, for the registration as to
principal of any coupon bonds; and the provisions, if any,
for the conversion and reconversion into coupon bonds of
any fully registered bonds or coupon bonds registered as
to principal ; the place or places for the payment of prin-
cipal and interest of said bonds ; and the date of said bonds
issued at any particular time and the right of redemption
of said bonds by the City prior to maturity; and

(b) The time, place, manner and medium of advertise-
ment of the readiness of the Board of Finance, acting for
and on behalf of the Mayor and City Council of Baltimore,
to receive bids for the purchase of the bonds authorized
to be issued hereunder, or any part thereof; the form,
terms and conditions of such bids; the time, place and
manner of awarding bonds so bid for, including the right
whenever any of the bonds authorized by this ordinance
are offered for sale and sold at the same time as other
bonds of said city, to establish the conditions for bids and
awards and to award all of said bonds on an all or none
basis ; and the time, place, terms and manner of settlement
for the bonds so bid for.

390 ORDINANCES Ord. No. 1032

during the fiscal year in which said bonds are issued and
sold or during the next succeeding fiscal year.

(b) The debt authorized by the provisions of this or-
dinance, and the bonds issued and sold pursuant thereto
and their transfer, and the principal and interest payable
thereon (including any profit made in the sale thereof),
shall be and remain exempt from any and all State, county
and municipal taxation in the State of Maryland.

(c) All bonds issued and sold pursuant to the provi-
sions of this ordinance shall be sold at public sale to the
highest responsible bidder or bidders therefor after due
notice of such sale, but the Mayor and City Council of
Baltimore, acting by and through the Board of Finance
thereof, shall have the right to reject any or all bids there-
for for any reason, and thereafter reoffer such bonds at
public sale as aforesaid or at private sale, provided that
if such bonds be offered at private sale they shall be
offered for sale and sold for not less than par and accrued
interest.

Sec. 5. And be it further ordained, That until all the
interest on and principal of any bonds issued pursuant
to the provisions of this ordinance have been paid in full,
the Mayor and City Council of Baltimore shall levy and
impose an annual tax on each One Hundred Dollars
($100.00) of assessable property in the City of Baltimore
at a rate sufficient to produce revenue to pay all interest
on and principal of all bonds theretofore issued and out-
standing or authorized to be issued and outstanding, pay-
able in the next succeeding year.

Sec. 6. And be it further ordained, That this ordinance
shall be submitted to the legal voters of the City of Balti-
more, for their approval or disapproval, at the Municipal
Election to be held in Baltimore City, on Tuesday, the 6th
day of November, 1979.

ORDINANCES 391

this ordinance, and the time when the election hereinbe-
fore mentioned is to be held; and such public notice shall
be given in such manner and by such means or through
such media and at such time or times as may be deter-
mined, from time to time, by a majority of the Board of
Finance.

Sec. 8. And be it further ordained, That the actual cash
proceeds derived from the sale of the bonds authorized
to be issued under the provisions of this ordinance, not
exceeding the par value thereof, shall be used exclusively
for the following purposes, to wit :

(a) So much thereof as may be necessary in addition
to the premiums realized from the sale, if any, for the
cost of issuance, including the expense of engraving, print-
ing, advertising, attorneys' fees, and all other incidental
expenses connected therewith; and

(b) The remainder of such proceeds shall be used for
the acquisition, by purchase, condemnation or any other
legal means, of land or property, or any rights therein, in
the City of Baltimore, and for constructing and erecting
on said land or property, or on any land or property now
or hereafter owned by the Mayor and City Council of
Baltimore, buildings, structures or facilities to be used by
the Fire Department of Baltimore City for fire stations,
and for the acquisition and installation of equipment for
any and all existing facilities or new facilities authorized
to be constructed or erected under the provisions hereof,
and for doing any and all things necessary, proper or
expedient in connection with or pertaining to any or all
of the matters or things hereinbefore mentioned.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

392 ORDINANCES Orel. No. 1033

No. 1033
(Council No. 2296)

An Ordinance to authorize the Mayor and City Council of
Baltimore (pursuant to Chapter 11 of the Acts of the
General Assembly of Maryland of 1979), to issue and
sell its certificates of indebtedness to an amount not ex-
ceeding Seven Million Three Hundred Thousand Dollars
($7,300,000.00), the proceeds derived from the sale of the
same to be used for the cost of issuance, including the ex-
pense of engraving, printing, advertising, attorneys' fees,
and all other incidental expenses connected therewith,
and the remainder of such proceeds shall be used to make
or contract to make financial loans to any person or other
legal entity to be used for or in connection with the pur-
chase, acquisition, construction, erection, development,
rehabilitation, renovation, modernization or improvement
of buildings or structures, including any land necessary
therefor, within the boundaries of Baltimore City, which
buildings or structures are to be used or occupied for
residential purposes ; to guarantee or insure financial
loans made by third parties to any person or other
legal entity which are to be used for or in connection
with the purchase, acquisition, construction, erection,
development, rehabilitation, renovation, modernization,
or improvement of buildings or structures, including
any land necessary therefor, within the boundaries of
Baltimore City, which buildings or structures are to be
used or occupied for residential purposes, and for doing
any and all things necessary, proper or expedient in
connection with or pertaining to any or all of the matters
or things hereinbefore mentioned ; conferring and impos-
ing upon the Board of Finance of Baltimore City certain
powers and duties ; authorizing the submission of this or-
dinance to the legal voters of the City of Baltimore, for
their approval or disapproval, at the Municipal Election
to be held in Baltimore City on Tuesday, the 6th day of
November, 1979 ; providing that the financial loans made,
guaranteed or insured shall be self-supporting, and
providing for the expenditure of the proceeds of said
certificates of indebtedness in accordance with the provi-
sions of the Charter of the Mayor and City Council of

ORDINANCES 393

Baltimore, and by the municipal agency designated in the
annual Ordinance of Estimates of the Mayor and City
Council of Baltimore.

Whereas, by Chapter 11 of the Acts of the General
Assembly of Maryland of 1979, the Mayor and City Council
of Baltimore is authorized to create a debt and to is-
sue and sell its certificates of indebtedness (hereinafter
called "bonds") as evidence thereof, to an amount not
exceeding Seven Million Three Hundred Thousand Dollars
($7,300,000.00) , in the manner and upon the terms set forth
in said Act, the proceeds thereof, not exceeding the par
value of said certificates of indebtedness, to be used for or
in connection with making, guaranteeing, or insuring
financial loans for the purchase, acquisition, construction,
erection, rehabilitation, renovation, modernization or im-
provement of residential properties in Baltimore City, as
authorized by said Act ; and

Whereas, Funds are now needed for said purposes;
therefore

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Mayor and City Council of Balti-
more, acting by and through the Board of Finance of said
municipality, be and it is hereby authorized and empowered
to issue bonds of the Mayor and City Council of Baltimore
to an amount not exceeding Seven Million Three Hundred
Thousand Dollars ($7,300,000.00), from time to time, as
the same may be needed or required for the purposes here-
inafter named and said bonds shall be sold by said Board of
Finance from time to time and at such times as shall be
requisite, and the proceeds derived from the sale of said
bonds shall be used for the purposes hereinafter named,
provided that this ordinance shall not become effective un-
less it shall be approved by a majority of the votes of the
legal voters of Baltimore City cast at the time and place
hereinafter designated by this ordinance.

Sec. 2. And be it further ordained, That:

(a) Said bonds shall be issued in denominations of not
less than One Thousand Dollars ($1,000.00) each, but may

394 ORDINANCES Ord. No. 1033

be in sums of One Thousand Dollars ($1,000.00), or any-
suitable multiple thereof.

(b) Said bonds, or any part thereof, shall be issued in
accordance with a serial maturity plan so worked out as
to discharge the entire principal amount represented there-
by within not more than forty (40) years from the date
of their issuance; provided, however, that it shall not be
necessary to provide for the maturity of any part of the
principal amount represented by any of said bonds for the
first five (5) years from the date of their issuance.

(c) Said bonds, when issued, shall bear interest at such
rate or rates as may be determined by a majority of the
Board of Finance by resolution at such time or times when
any of said bonds are issued, and such interest shall be
payable semi-annually.

(a) The amount of debt to be incurred by the Mayor and
City Council of Baltimore at any particular time, and from
time to time, under and pursuant to the provisions of this
ordinance; the date or dates when any bonds representing
said debt, or any part thereof, are to mature, and the
amount or amounts of said debt, or any part thereof, which
shall mature upon the aforesaid date or dates ; and the semi-
annual dates in each year, during the entire period of time
when any of said bonds are outstanding, when interest on
any of said bonds shall be payable.

(b) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under the
provisions of this ordinance at any particular time, includ-
ing any interest coupons to be attached thereto; the pro-
visions, if any, for the issuance of coupon bonds ; the pro-
visions, if any, for the issuance of fully registered bonds;
the provisions, if any, for the registration as to principal
of any coupon bonds; and the provisions, if any, for the
conversion and reconversion into coupon bonds of any fully
registered bonds or coupon bonds registered as to princi-

ORDINANCES 395

pal; the place or places for the payment of principal and
interest of said bonds; and the date of said bonds issued
at any particular time, and the right of redemption of said
bonds by the City prior to maturity; and

(c) The time, place, manner and medium of advertise-
ment of the readiness of the Board of Finance, acting for
and on behalf of the Mayor and City Council of Baltimore,
to receive bids for the purchase of the bonds authorized to
be issued^hereunder, or any part thereof; the form, terms
and conditions of such bids ; the time, place and manner of
awarding bonds so bid for, including the right whenever
any of the bonds authorized by this Ordinance are offered
for sale and sold at the same time as other bonds of said
City, to establish the conditions for bids and awards and to
award all of said bonds on an all or none basis; and the
time, place, terms and manner of settlement for the bonds
so bid for.

Sec. 4. And be it further ordained, That: (a) All
premiums resulting from the sale of any of the bonds
issued and sold pursuant to the provisions of this Or-
dinance shall be applied first to defray the cost of is-
suance thereof and the balance, if any, shall be applied
to the payment of interest on any of said bonds be-
coming due and payable during the fiscal year in which
said bonds are issued and sold or during the next suc-
ceeding fiscal year.

(b) The debt authorized by the provisions of this Ordi-
nance, and the bonds issued and sold pursuant thereto and
their transfer, and the principal and interest payable there-
on (including any profit made in the sale thereof), shall be
and remain exempt from any and all State, county and
municipal taxation in the State of Maryland.

(c) All bonds issued and sold pursuant to the provisions
of this Ordinance shall be sold at public sale to the highest
responsible bidder or bidders therefor after due notice
of such sale, but the Mayor and City Council of Baltimore,
acting by and through the Board of Finance thereof, shall
have the right to reject any or all bids therefor for any
reason and thereafter reoffer such bonds at public sale as
aforesaid or at private sale, provided that if such bonds be

396 ORDINANCES Ord. No. 1033

offered at private sale they shall be offered for sale and sold
for not less than par and accrued interest.

Sec. 5. And be it further ordained, That until all of the
interest on and principal of any bonds issued pursuant to
the provisions of this Ordinance have been paid in full, the
Mayor and City Council of Baltimore shall levy and impose
an annual tax on each One Hundred Dollars ($100.00) of
assessable property in the City of Baltimore at a rate
sufficient to produce revenue to pay all interest on and
principal of all bonds theretofore issued and outstanding,
payable in the next succeeding year.

Sec. 6. And be it further ordained, That this Ordinance
shall be submitted to the legal voters of the City of Bal-
timore, for their approval or disapproval, at the Municipal
Election to be held in Baltimore City on Tuesday, the 6th
day of November, 1979.

Sec. 7. And be it further ordained, That prior to the date
of the election hereinbefore mentioned, notice shall be given
to the public of the amount of money which the Mayor and
City Council of Baltimore is authorized to borrow, and the
general purposes for which such borrowed funds may be ex-
pended, under the terms and provisions of this Ordinance,
and the time when the election hereinbefore mentioned is to
be held; and such public notice shall be given in such
manner and by such means or through such media and at
such time or times as may be determined, from time to time,
by a majority of the Board of Finance.

Sec. 8. And be it further ordained, That the actual cash
proceeds derived from the sale of the bonds authorized to be
issued under the provisions of this Ordinance, not exceeding
the par value thereof, shall be used exclusively for the fol-
lowing purposes, to wit :

(a) So much thereof as may be necessary, in addition
to the premiums realized from the sale, if any, for the cost
of issuance, including the expense of engraving, printing,
advertising, attorneys' fees, and all other incidental ex-
penses connected therewith ; and

ORDINANCES 397

(b) The remainder of such proceeds to be used to make
or contract to make financial loans to any person or other
legal entity to be used for or in connection with the pur-
chase, acquisition, construction, erection, development, re-
habilitation, renovation, modernization or improvement of
buildings or structures, including any land necessary there-
for, within the boundaries of Baltimore City, which build-
ings or structures are to be used or occupied for residential
purposes ; fc to guarantee or insure financial loans made by
third parties to any person or other legal entity which are
to be used for or in connection with the purchase, acquisi-
tion, construction, erection, development, rehabilitation,
renovation, modernization or improvement of buildings or
structures, including any land necessary therefor, within
the boundaries of Baltimore City, which buildings or struc-
tures are to be used or occupied for residential purposes,
and for doing any and all things necessary, proper or ex-
pedient in connection with or pertaining to any or all of the
matters or things hereinbefore mentioned.

Sec. 9. And be it further ordained, That no part of the
proceeds of sale of the bonds hereby authorized to be issued
shall be expended until after the Board of Finance has
determined, based upon such data as said Board of Finance
shall require to be submitted to it to enable it to make
such determination, that any financial loans made, guar-
anteed or insured from such proceeds, shall, in fact, be
self-supporting.

Sec. 10. And be it further ordained, That in case any
land or property now or hereafter owned by the Mayor and
City Council of Baltimore is sold by it to any legal entity
for the purpose of construction, erection or development of
buildings or structures, which buildings or structures are to
be used or occupied for residential purposes, then the
purchaser of said land or property shall pay to the mu-
nicipality at least an amount of money equal to the full
appraised value of said land or property, and in case any
such land or property is leased by the municipality to any
legal entity for any of the purposes hereinbefore mentioned,
then the lessee shall pay annually to the municipality an
amount of money equal to the reasonable rental value of
said land or property. In the event any such land or prop-

398 ORDINANCES Ord. No. 1034

erty is sold by the municipality as aforesaid and such land
or property is then reconveyed back to the municipality as
security for any loan made by the municipality to the pur-
chaser under the provisions of this Ordinance, then such
purchaser shall pay annually to the municipality in lieu of
taxes a tax equivalent charge on such land or property on
the basis of the then prevailing tax assessment on the land
and improvements and calculated at the City and State tax
rates then in effect, in accordance with the policy of the
Board of Estimates of the municipality. All payments made
in lieu of taxes shall be made when real estate taxes of the
municipality ordinarily become due and payable.

Sec. 11. And be it further ordained, That the expendi-
ture of the proceeds derived from the sale of the bonds
authorized to be issued under the provisions of this Ordi-
nance shall be in accordance with the provisions of the
Charter of the Mayor and City Council of Baltimore, and by
the municipal agency designated in the annual Ordinance of
Estimates of the Mayor and City Council of Baltimore.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1034
(Council No. 2297)

An Ordinance to authorize the Mayor and City Council
of Baltimore (pursuant to Chapter 12 of the Acts of the
General Assembly of Maryland of 1979), to issue and
sell its certificates of indebtedness to an amount not
exceeding Two Million Dollars ($2,000,000.00), the pro-
ceeds derived from the sale of the same to be used for
the cost of issuance, including the expense of engraving,
printing, advertising, attorneys , fees, and all other in-
cidental expenses connected therewith, and the remainder
of such proceeds shall be used to make or contract to
make financial loans to any person or other legal entity
to be used for or in connection with the modernization
or improvement of buildings or structures within the

ORDINANCES 399

boundaries of Baltimore City, for the purpose of pro-
moting energy conservation and making said buildings
or structures more energy efficient, which buildings or
structures are to be used or occupied for residential
purposes; to guarantee or insure financial loans made
by third parties to any person or other legal entity
which are to be used for or in connection with the
modernization or improvement of buildings or struc-
tures within the boundaries of Baltimore City, for the
purpose of promoting energy conservation and making
said buildings or structures more energy efficient, which
buildings or structures are to be used or occupied for
residential purposes, and for doing any and all things
necessary, proper or expedient in connection with or
pertaining to any or all of the matters or things here-
inbefore mentioned; conferring and imposing upon the
Board of Finance of Baltimore City certain powers and
duties; authorizing the submission of this ordinance to
the legal voters of the City of Baltimore, for their ap-
proval or disapproval, at the Municipal Election to be
held in Baltimore City on Tuesday, the 6th day of
November, 1979 ; providing that the financial loans made,
guaranteed or insured shall be self-supporting, and pro-
viding for the expenditure of the proceeds of said cer-
tificates of indebtedness in accordance with the provi-
sions of the Charter of the Mayor and City Council of
Baltimore, and by the municipal agency designated in
the annual Ordinance of Estimates of the Mayor and
City Council of Baltimore.

Whereas, by Chapter 12 of the Acts of the General
Assembly of Maryland of 1979, the Mayor and City Coun-
cil of Baltimore is authorized to create a debt and to issue
and sell its certificates of indebtedness (hereinafter called
"bonds") as evidence thereof, to an amount not exceeding
Two Million Dollars ($2,000,000.00), in the manner and
upon the terms set forth in said Act, the proceeds thereof,
not exceeding the par value of said certificates of indebt-
edness, to be used for or in connection with making, guar-
anteeing, or insuring financial loans for the modernization
or improvement of residential properties in Baltimore City,
for the purpose of promoting energy conservation, as au-
thorized by said Act ; and

400 ORDINANCES Ord. No. 1034

Whereas, Funds are now needed for said purposes;
therefore

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Mayor and City Council of Balti-
more, acting by and through the Board of Finance of said
municipality, be and it is hereby authorized and empow-
ered to issue bonds of the Mayor and City Council of
Baltimore to an amount not exceeding Two Million Dollars
($2,000,000.00), from time to time, as the same may be
needed or required for the purposes hereinafter named
and said bonds shall be sold by said Board of Finance
from time to time and at such times as shall be requisite,
and the proceeds derived from the sale of said bonds shall
be used for the purposes hereinafter named, provided that
this ordinance shall not become effective unless it shall be
approved by a majority of the votes of the legal voters of
Baltimore City cast at the time and place hereinafter
designated by this ordinance.

Sec. 2. And be it further ordained, That:

(a) Said bonds shall be issued in denominations of not
less than One Thousand Dollars ($1,000.00) each, but may
be in sums of One Thousand Dollars ($1,000.00), or any
suitable multiple thereof.

(c) Said bonds, when issued, shall bear interest at
such rate or rates as may be determined by a majority of
the Board of Finance by resolution at such time or times
when any of said bonds are issued, and such interest shall
be payable semi-annually.

Sec. 3. And be it further ordained, That a majority of
the Board of Finance of the Mayor and City Council of

ORDINANCES 401

Baltimore, be, and they are hereby, authorized to pass a
resolution or resolutions, from time to time, to determine
and set forth any or all of the following:

(a) The amount of debt to be incurred by the Mayor
and City Council of Baltimore at any particular time, and
from time to time, under and pursuant to the provisions
of this ordinance ; the date or dates when any bonds repre-
senting said debt, or any part thereof, are to mature, and
the amount or amounts of said debt, or any part thereof,
which shall mature upon the aforesaid date or dates; and
the semi-annual dates in each year, during the entire period
of time when any of said bonds are outstanding, when
interest on any of said bonds shall be payable.

(b) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under
the provisions of this ordinance at any particular time,
including any interest coupons to be attached thereto; the
provisions, if any, for the issuance of coupon bonds; the
provisions, if any, for the issuance of fully registered
bonds; the provisions, if any, for the registration as to
principal of any coupon bonds; and the provisions, if any,
for the conversion and reconversion into coupon bonds of
any fully registered bonds or coupon bonds registered as
to principal; the place or places for the payment of prin-
cipal and interest of said bonds ; and the date of said bonds
issued at any particular time, and the right of redemption
of said bonds by the City prior to maturity ; and

(c) The time, place, manner and medium of adver-
tisement of the readiness of the Board of Finance, acting
for and on behalf of the Mayor and City Council of Bal-
timore, to receive bids for the purchase of the bonds au-
thorized to be issued hereunder, or any part thereof; the
form, terms and conditions of such bids; the time, place
and manner of awarding bonds so bid for, including the
right whenever any of the bonds authorized by this ordi-
nance are offered for sale and sold at the same time as
other bonds of said City, to establish the conditions for
bids and awards and to award all of said bonds on an all
or none basis; and the time, place, terms and manner of
settlement for the bonds so bid for.

402 ORDINANCES Ord. No. 1034

Sec. 4. And be it further ordained, That:

(a) All premiums resulting from the sale of any of
the bonds issued and sold pursuant to this ordinance shall
be applied first to defray the cost of issuance thereof and
the balance, if any, shall be applied to the payment of
interest on any of said bonds becoming due and payable
during the fiscal year in which said bonds are issued and
sold or during the next succeeding fiscal year.

(c) All bonds issued and sold pursuant to the provi-
sions of this ordinance shall be sold at public sale to the
highest responsible bidder or bidders therefor after due
notice of such sale, but the Mayor and City Council of Bal-
timore, acting by and through the Board of Finance there-
of, shall have the right to reject any or all bids therefor
for any reason and thereafter reoffer such bonds at public
sale as aforesaid or at private sale, provided that if such
bonds be offered at private sale they shall be offered for
sale and sold for not less than par and accrued interest.

Sec. 5. And be it further ordained, That until all of the
interest on and principal of any bonds issued pursuant to
the provisions of this ordinance have been paid in full, the
Mayor and City Council of Baltimore shall levy and im-
pose an annual tax on each One Hundred Dollars ($100.00)
of assessable property in the City of Baltimore at a rate
sufficient to produce revenue to pay all interest on and
principal of all bonds theretofore issued and outstanding,
payable in the next succeeding year.

Sec. 6. And be it further ordained, That this ordinance
shall be submitted to the legal voters of the City of Bal-
timore, for their approval or disapproval, at the Municipal
Election to be held in Baltimore City on Tuesday, the 6th
day of November, 1979.

ORDINANCES 403

Sec. 7. And be it further ordained, That prior to the
date of the election hereinbefore mentioned, notice shall be
given to the public of the amount of money which the
Mayor and City Council of Baltimore is authorized to
borrow, and the general purposes for which such borrowed
funds may be expended, under the terms and provisions of
this ordinance, and the time when the election hereinbefore
mentioned is to be held; and such public notice shall be
given in such manner and by such means or through such
media and at such time or times as may be determined,
from time to time, by a majority of the Board of Finance.

(b) The remainder of such proceeds to be used to make
or contract to make financial loans to any person or other
legal entity to be used for or in connection with the mod-
ernization or improvement of buildings or structures with-
in the boundaries of Baltimore City, for the purpose of
promoting energy conservation and making said buildings
or structures more energy efficient, which buildings or
structures are to be used or occupied for residential pur-
poses ; to guarantee or insure financial loans made by third
parties to any person or other legal entity which are to be
used for or in connection with the modernization or im-
provement of buildings or structures within the boundaries
of Baltimore City, for the purpose of promoting energy
conservation and making said buildings or structures more
energy efficient, which buildings or structures are to be
used or occupied for residential purposes, and for doing
any and all things necessary, proper or expedient in con-
nection with or pertaining to any or all of the matters or
things hereinbefore mentioned.

404 ORDINANCES Ord. No. 1035

Sec. 9. And be it further ordained, That no part of the
proceeds of sale of the bonds hereby authorized to be is-
sued shall be expended until after the Board of Finance
has determined, based upon such data as said Board of
Finance shall require to be submitted to it to enable it to
make such determination, that any financial loans made,
guaranteed or insured from such proceeds, shall, in fact,
be self-supporting.

Sec. 10. And be it further ordained, That the expendi-
ture of the proceeds derived from the sale of the bonds
authorized to be issued under the provisions of this ordi-
nance shall be in accordance with the provisions of the
Charter of the Mayor and City Council of Baltimore, and
by the municipal agency designated in the annual Ordi-
nance of Estimates of the Mayor and City Council of
Baltimore.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1035
(Council No. 2298)

An Ordinance to authorize the Mayor and City Council of
Baltimore (pursuant to Chapter 13 of the Acts of the
General Assembly of Maryland of 1979), to issue its cer-
tificates of indebtedness to an amount not exceeding Two
Million Two Hundred Thousand ($2,200,000.00), the pro-
ceeds of the same to be used for the cost of issuance, in-
cluding the expense of engraving, printing, advertising,
attorneys' fees, and all other incidental expenses connected
therewith, and the remainder of such proceeds shall be
used for or in connection with planning, developing, and
making operative a comprehensive system for the dis-
posal of solid wastes, including, but not limited to, the
following, in connection with said solid waste disposal
system : improving and developing any landfill sites in the
City of Baltimore which are now or hereafter owned

ORDINANCES 405

by the Mayor and City Council of Baltimore ; the acquisi-
tion or installation of materials and equipment needed for
or in connection with improving and developing any or all
of the forementioned landfill sites, and for doing any and
all things necessary, proper or expedient in connection
with or pertaining to any or all of the matters or things
hereinbefore mentioned; to confer and impose upon the
Board of Finance of Baltimore City certain powers and
duties; to authorize the submission of this ordinance to
the legal voters of the City of Baltimore, for their ap-
proval or disapproval, at the Municipal Election to be
held in Baltimore City on Tuesday, the 6th day of Novem-
ber, 1979, and providing for the expenditure of the pro-
ceeds of sale of said certificates of indebtedness in ac-
cordance with the provisions of the Charter of the Mayor
and City Council of Baltimore, and by the municipal
agency designated in the annual Ordinance of Estimates
of the Mayor and City Council of Baltimore.

Whereas, By Chapter 13 of the Acts of the General As-
sembly of Maryland of 1979, the Mayor and City Council
of Baltimore is authorized to create a debt, and to issue
and sell its certificates of indebtedness (hereinafter called
"bonds") as evidence thereof, to an amount not exceeding
Two Million Two Hundred Thousand ($2,200,000.00), in
the manner and upon the terms set forth in said Act, the
net proceeds derived from the sale of said bonds not exceed-
ing the par value of said bonds, to be used for planning, de-
veloping, and making operative a comprehensive system for
the disposal of solid wastes, including improving and de-
veloping, and acquiring and installing materials and equip-
ment for, any landfill sites in the City of Baltimore, as
authorized by said Act ; and

Whereas, funds are now needed for said purpose ; there-
fore

406 ORDINANCES Ord. No. 1035

Thousand Dollars ($2,200,000.00), from time to time, as
the same may be needed or required for the purposes here-
inafter named and said bonds shall be sold by said Board of
Finance from time to time, and at such times as shall be
requisite, and the proceeds derived from the sale of said
bonds shall be used for the purposes hereinafter named,
provided that this ordinance shall not become effective un-
less it shall be approved by a majority of the votes of the
legal voters of Baltimore City cast at the time and place
hereinafter designated by this ordinance.

Sec. 2. And be it further ordained, That said bonds shall
be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One Thou-
sand Dollars ($1,000.00), or any suitable multiple thereof,
to be redeemable in Ten (10) yearly series on the fifteenth
day of October in each of the years and in the amounts set
forth in the following schedule :

Each of the Years Amount in each of the Years

1984 through 1993, both

inclusive $220,000.00

Said bonds, when issued, shall bear interest at such rate or
rates as may be determined by a majority of the Board of
Finance by resolution at such time or times when any of
said bonds are issued, the interest to be payable semi-
annually on the fifteenth day of April and the fifteenth day
of October, in each year after issuance, during the respec-
tive periods that the series in which said bonds are issued
may run.

Sec. 3. And be it further ordained, That a majority of the
Board of Finance of the Mayor and City Council of Bal-
timore be, and they are hereby, authorized to pass a resolu-
tion or resolutions, from time to time, to determine and
set forth any or all of the following :

(a) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under the
provisions of this ordinance at any particular time, includ-
ing any interest coupons to be attached thereto; the pro-
visions, if any, for the issuance of coupon bonds; the pro-
visions, if any, for the issuance of fully registered bonds;

ORDINANCES 407

the provisions, if any, for the registration as to principal of
any coupon bonds; and the provisions, if any, for the
conversion and reconversion into coupon bonds of any fully
registered bonds or coupon bonds registered as to prin-
cipal ; the place or places for the payment of principal and
interest of said bonds ; and the date of said bonds issued at
any particular time; and the right of redemption of said
bonds by the City prior to maturity ; and

(b) The time, place, manner and medium of advertise-
ment of the readiness of the Board of Finance, acting
for and on behalf of the Mayor and City Council of Balti-
more, to receive bids for the purchase of the bonds au-
thorized to be issued hereunder, or any part thereof; the
form, terms and conditions of such bids ; the time, place and
manner of awarding bonds so bid for, including the right
whenever any of the bonds authorized by this ordinance are
offered for sale and sold at the same time as other bonds
of said City, to establish the conditions for bids and awards
and to award all of said bonds on an all or none basis ; and
the time, place, terms and manner of settlement for
the bonds so bid for.

Sec. 4. And be it further ordained, That:

(a) All premiums resulting from the sale of any of the
bonds issued and sold pursuant to the provisions of this
ordinance shall be applied first to defray the cost of is-
suance thereof and the balance, if any, shall be applied to
the payment of interest on any of said bonds becoming due
and payable during the fiscal year in which said bonds
are issued and sold or during the next succeeding fiscal
year.

(b) The debt authorized by the provisions of this ordi-
nance, and the bonds issued and sold pursuant thereto and
their transfer, and the principal and interest payable there-
on (including any profit made in the sale thereof), shall
be and remain exempt from any and all State, county and
municipal taxation in the State of Maryland.

(c) All bonds issued and sold pursuant to the provisions
of this ordinance shall be sold at public sale to the highest
responsible bidder or bidders therefor after due notice of
such sale, but the Mayor and City Council of Baltimore,

408 ORDINANCES Ord. No. 1035

acting by and through the Board of Finance thereof, shall
have the right to reject any or all bids therefor for any
reason, and thereafter reoffer such bonds at public sale as
aforesaid or at private sale, provided that if such bonds be
offered at private sale they shall be offered for sale and sold
for not less than par and accrued interest.

Sec. 5. And be it further ordained, That until all of the
interest on and principal of any bonds issued pursuant to
the provisions of this ordinance have been paid in full, the
Mayor and City Council of Baltimore shall levy and impose
an annual tax on each One Hundred Dollars ($100.00) of
assessable property in the City of Baltimore at a rate
sufficient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding or
authorized to be issued and outstanding, payable in the
next succeeding year.

Sec. 6. And be it further ordained, That this ordi-
nance shall be submitted to the legal voters of the City of
Baltimore, for their approval or disapproval, at the Mu-
nicipal Election to be held in Baltimore City on Tuesday,
the 6th day of November, 1979.

Sec. 7. And be it further ordained, That prior to the date
of the election hereinbefore mentioned, notice shall be given
to the public of the amount of money which the Mayor and
City Council of Baltimore is authorized to borrow, and the
general purposes for which such borrowed funds may be ex-
pended, under the terms and provisions of this ordinance,
and the time when the election hereinbefore mentioned
is to be held ; and such public notice shall be given in such
manner and by such means or through such media and at
such time or times as may be determined, from time to
time, by a majority of the Board of Finance.

(a) So much thereof as may be necessary, in addition to
the premiums realized from the sale, if any, for the cost

ORDINANCES 409

of issuance, including the expense of engraving, printing,
advertising, attorneys' fees, and all other incidental ex-
penses connected therewith ; and

(b) The remainder of such proceeds shall be used for or
in connection with planning, developing, and making opera-
tive a comprehensive system for the disposal of solid
wastes, including, but not limited to, the following, in con-
nection with said solid waste disposal system: improving
and developing any landfill sites in the City of Baltimore
which are now or hereafter owned by the Mayor and
City Council of Baltimore ; the acquisition or installation of
materials and equipment needed for or in connection with
improving and developing any or all of the forementioned
landfill sites, and for doing any and all things necessary,
proper or expedient in connection with or pertaining to any
or all of the matters or things hereinbefore mentioned.

Sec. 9. And be it further ordained, That the expenditure
of the proceeds derived from the sale of the bonds au-
thorized to be issued under the provisions of this ordinance
shall be in accordance with the provisions of the Charter
of the Mayor and City Council of Baltimore, and by the
municipal agency designated in the annual Ordinance of
Estimates of the Mayor and City Council of Baltimore.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1036
(Council No. 2299)

An Ordinance to authorize the Mayor and City Council
of Baltimore (pursuant to Chapter 14 of the Acts of the
General Assembly of Maryland of 1979), to issue and
sell its certificates of indebtedness to an amount not
exceeding Four Million Five Hundred Thousand Dollars
($4,500,000.00) the proceeds derived from the sale of
the same to be used for the cost of issuance, including

410 ORDINANCES Ord. No. 1036

the expense of engraving, printing, advertising, attor-
neys' fees, and all other incidental expenses connected
therewith, and the remainder of such proceeds shall be
used for or in connection with planning, developing,
executing, and making operative the Community De-
velopment Program of the Mayor and City Council of
Baltimore, including, but not limited to, the acquisition,
by purchase, lease, condemnation or any other legal
means, of land or property, or any right, interest, fran-
chise, easement or privilege therein, in the City of Bal-
timore; the payment of any and all costs and expenses
incurred in connection with or incidental to the acqui-
sition and management of said land or property, in-
cluding any and all rights or interests therein herein-
before mentioned ; the payment of any and all costs and
expenses incurred for or in connection with relocating
and moving persons or other legal entities displaced
by the acquisition of said land or property, or any of
the rights or interests therein hereinbefore mentioned;
the development or redevelopment, including, but not
limited to, the comprehensive renovation or rehabilita-
tion of any land or property, or any rights or interests
therein hereinbefore mentioned, in the City of Baltimore,
and the disposition of land and property for such pur-
poses; the elimination of unhealthful, unsanitary or
unsafe conditions, lessening density, eliminating obso-
lete or other uses detrimental to the public welfare or
otherwise removing or preventing the spread of blight
or deterioration in the City of Baltimore; the demoli-
tion, removal, relocation, renovation or alteration of land,
buildings, streets, highways, alleys, utilities or services,
and other structures or improvements, and for the con-
struction, reconstruction, installation, relocation or re-
pair of buildings, streets, highways, alleys, utilities or
services, and other structures or improvements; the
payment of any and all costs and expenses incurred
for or in connection with doing any or all of the things
herein mentioned, including, but not limited to, the
costs and expenses of securing administrative, appraisal,
economic analysis, engineering, planning, designing, ar-
chitectural, surveying, and other professional services;
and doing any and all things necessary, proper or ex-
pedient in connection with or pertaining to any or all

ORDINANCES 411

of the matters or things hereinbefore mentioned; con-
ferring and imposing upon the Board of Finance of
Baltimore City certain powers and duties; authorizing
the submission of this Ordinance to the legal voters of
the City of Baltimore, for their approval or disapproval,
at the Municipal Election to be held in Baltimore City
on Tuesday, the 6th day of November, 1979 and pro-
viding for the expenditure of the proceeds of sale
of said ^certificates of indebtedness in accordance with
the provisions of the Charter of the Mayor and City
Council of Baltimore, and by the municipal agency
designated in the annual Ordinance of Estimates of the
Mayor and City Council of Baltimore.

Whereas, by Chapter 14 of the Acts of the General
Assembly of Maryland of 1979 the Mayor and City Council
of Baltimore is authorized to create a debt and to issue
and sell its certificates of indebtedness (hereinafter called
"bonds") as evidence thereof, to an amount not exceeding
Four Million Five Hundred Thousand Dollars ($4,500,-
000.00) in the manner and upon the terms set forth in
said Act, the proceeds thereof, not exceeding the par
value of said certificates of indebtedness, to be used for
or in connection with the Community Development Pro-
gram of the City of Baltimore ; and

Whereas, Funds are now needed for said purposes;
therefore

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Mayor and City Council of Balti-
more, acting by and through the Board of Finance of said
municipality, be and it is hereby authorized and empow-
ered to issue bonds of the Mayor and City Council of
Baltimore to an amount not exceeding Four Million Five
Hundred Thousand Dollars ($4,500,000.00), from time to
time, as the same may be needed or required for the
purposes hereinafter named and said bonds shall be sold
by said Board of Finance from time to time and at such
times as shall be requisite, and the proceeds derived from
the sale of said bonds shall be used for the purposes
hereinafter named, provided that this Ordinance shall not
become effective unless it shall be approved by a majority

412 ORDINANCES Ord. No. 1036

of the votes of the legal voters of Baltimore City cast
at the time and place hereinafter designated by this
Ordinance.

Sec. 2. And be it further ordained, That said bonds
shall be issued in denominations of not less than One
Thousand Dollars ($1,000.00) each, but may be in sums
of One Thousand Dollars ($1,000.00) or any suitable
multiple thereof, to be redeemable in Twenty (20) yearly
series on the fifteenth day of October in each of the years
and in the amounts as set forth in the following schedule:

Each of the Years Amount in each

of the years

1984 through 2003 $225,000.00

both inclusive

Said bonds, when issued, shall bear interest at such
rate or rates as may be determined by a majority of the
Board of Finance by resolution at such time or times
w T hen any of said bonds are issued, the interest to be
payable semi-annually on the fifteenth day of April and
the fifteenth day of October in each year after issuance,
during the respective periods that the series in which said
bonds are issued may run.

(a) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under
the provisions of this Ordinance at any particular time,
including any interest coupons to be attached thereto; the
provisions, if any, for the issuance of coupon bonds; the
provisions, if any, for the issuance of fully registered
bonds; the provisions, if any, for the registration as to
principal of any coupon bonds; and the provisions, if any,
for the conversion and reconversion into coupon bonds
of any fully registered bonds or coupon bonds registered
as to principal; the place or places for the payment of

ORDINANCES 413

principal and interest of said bonds; and the date of said
bonds issued at any particular time, and the right of re-
demption of said bonds by the City prior to maturity ; and

(b) The time, place, manner and medium of adver-
tisement of the readiness of the Board of Finance, acting
for and on behalf of the Mayor and City Council of Bal-
timore, to receive bids for the purchase of the bonds au-
thorized to be issued hereunder, or any part thereof; the
form, terms and conditions of such bids; the time, place
and manner of awarding bonds so bid for, including the
right whenever any of the bonds authorized by this Ordi-
nance are offered for sale and sold at the same time as
other bonds of said city, to establish the conditions for
bids and awards and to award all of said bonds on an
all or none basis; and the time, place, terms and manner
of settlement for the bonds so bid for.

Sec. 4. And be it further ordained, That :

(a) All premiums resulting from the sale of any of
the bonds issued and sold pursuant to the provisions of
this Ordinance shall be applied first to defray the cost of
issuance thereof and the balance, if any, shall be applied
to the payment of interest on any of said bonds becoming
due and payable during the fiscal year in which said
bonds are issued and sold or during the next succeeding
fiscal year.

(b) The debt authorized by the provisions of this
Ordinance, and the bonds issued and sold pursuant thereto
and their transfer, and the principal and interest payable
thereon (including any profit made in the sale thereof),
shall be and remain exempt from any and all State, county
and municipal taxation in the State of Maryland.

(c) All bonds issued and sold pursuant to the provi-
sions of this Ordinance shall be sold at public sale to the
highest responsible bidder or bidders therefor after due
notice of such sale, but the Mayor and City Council of
Baltimore, acting by and through the Board of Finance
thereof, shall have the right to reject any or all bids
therefor for any reason, and thereafter reoffer such bonds
at public sale as aforesaid or at private sale, provided that
if such bonds be offered at private sale they shall be

414 ORDINANCES Ord. No. 1036

offered for sale and sold for not less than par and accrued
interest.

Sec. 5. And be it further ordained, That until all of the
interest on and principal of any bonds issued pursuant
to the provisions of this Ordinance have been paid in
full, the Mayor and City Council of Baltimore shall levy
and impose an annual tax on each One Hundred Dollars
($100.00) of assessable property in the City of Baltimore
at a rate sufficient to produce revenue to pay all interest
on and principal of all bonds theretofore issued and out-
standing or authorized to be issued and outstanding, pay-
able in the next succeeding year.

Sec. 7. And be it further ordained, That prior to the
date of the election hereinbefore mentioned, notice shall
be given to the public of the amount of money which the
Mayor and City Council of Baltimore is authorized to
borrow, and the general purposes for which such bor-
rowed funds may be expended, under the terms and pro-
visions of this Ordinance, and the time when the election
hereinbefore mentioned is to be held; and such public
notice shall be given in such manner and by such means
or through such media and at such time or times as may
be determined, from time to time, by a majority of the
Board of Finance.

Sec. 8. And be it further ordained, That the actual cash
proceeds derived from the sale of the bonds authorized to
be issued under the provisions of this Ordinance, not
exceeding the par value thereof, shall be used exclusively
for the following purposes, to wit:

(a) So much thereof as may be necessary, in addition
to the premiums realized from the sale, if any, for the
cost of issuance, including the expense of engraving,
printing, advertising, attorneys' fees, and all other inci-
dental expenses connected therewith; and

ORDINANCES 415

(b) The remainder of such proceeds shall be used for
or in connection with planning, developing, executing and
making operative the Community Development Program
of the Mayor and City Council of Baltimore, including,
but not limited to :

(i) The acquisition, by purchase, lease, condemnation,
or any other legal means, of land or property, or any
right, interest, franchise, easement or privilege therein,
in the Cit£ of Baltimore ;

(ii) The payment of any and all costs and expenses
incurred in connection with or incidental to the acquisition
and management of said land or property, including any
and all rights or interests therein hereinbefore mentioned ;

(iii) The payment of any and all costs and expenses
incurred for or in connection with relocating and moving
persons or other legal entities displaced by the acquisition
of said land or property, or any of the rights or interests
therein hereinbefore mentioned;

(iv) The development or redevelopment, including, but
not limited to, the comprehensive renovation or rehabili-
tation of any land or property, or any rights or interests
therein hereinbefore mentioned in the City of Baltimore
and the disposition of land and property for such purposes ;

(v) The elimination of unheal thful, unsanitary or un-
safe conditions, lessening density, eliminating obsolete or
other uses detrimental to the public welfare or otherwise
removing or preventing the spread of blight or deteriora-
tion in the City of Baltimore ;

(vi) The demolition, removal, relocation, renovation
or alteration of land, buildings, streets, highways, alleys,
utilities or services, and other structures or improvements,
and for the construction, reconstruction, installation, relo-
cation or repair of buildings, streets, highways, alleys,
utilities or services, and other structures or improvements ;

(vii) The payment of any and all costs and expenses
incurred for or in connection with doing any or all of
the things herein mentioned, including, but not limited to,
the costs and expenses of securing administrative, ap-
praisal, economic analysis, engineering, planning, design-

416 ORDINANCES Ord. No. 1037

ing, architectural, surveying, and other professional serv-
ices; and

(viii) Doing any and all things necessary, proper or
expedient in connection with or pertaining to any or all
of the matters or things hereinbefore mentioned.

All of such land or property shall be acquired, developed,
redeveloped, renovated, rehabilitated, altered, improved,
held or disposed of, as provided by law.

Sec. 9. And be it further ordained, That the expenditure
of the proceeds derived from the sale of the bonds au-
thorized to be issued under the provisions of this Ordinance
shall be in accordance with the provisions of the Charter
of the Mayor and City Council of Baltimore, and by the
municipal agency designated in the annual Ordinance of
Estimates of the Mayor and City Council of Baltimore.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1037
(Council No. 2300)

An Ordinance to authorize the Mayor and City Council of
Baltimore (pursuant to Chapter 15 of the Acts of the
General Assembly of Maryland of 1979), to issue and
sell its certificates of indebtedness to an amount not
exceeding Two Million Dollars ($2,000,000.00), the pro-
ceeds derived from the sale of the same to be used for
the cost of issuance, including the expense of engraving,
printing, advertising, attorneys' fees, and all other in-
cidental expenses connected therewith, and the remainder
of such proceeds shall be used to make or contract to
make financial loans to the owners of buildings or struc-
tures located within the boundaries of Baltimore City,
which are used or occupied for commercial purposes,
for or in connection with rehabilitating, renovating,
redeveloping or improving said buildings or structures;

ORDINANCES 417

to guarantee or insure financial loans made by third par-
ties to the owners of buildings or structures located
within the boundary lines of Baltimore City, which are
used or occupied for commercial purposes, for or in
connection with rehabilitating, renovating, redeveloping
or improving said buildings or structures, and for doing
any and all things necessary, proper or expedient in
connection with or pertaining to any or all of the mat-
ters or -things hereinbefore mentioned ; conferring and
imposing upon the Board of Finance of Baltimore City
certain powers and duties; authorizing the submission
of this ordinance to the legal voters of the City of Bal-
timore for their approval or disapproval, at the Mu-
nicipal Election to be held in Baltimore City on Tuesday,
the 6th day of November, 1979; providing that the fi-
nancial loans made, guaranteed or insured shall be self-
supporting, and providing for the expenditure of the
proceeds of said certificates of indebtedness in accord-
ance with the provisions of the Charter of the Mayor
and City Council of Baltimore and by the municipal
agency designated in the annual Ordinance of Estimates
of the Mayor and City Council of Baltimore.

Whereas, by Chapter 15 of the Acts of the General
Assembly of Maryland of 1979, the Mayor and City Coun-
cil of Baltimore is authorized to create a debt and to issue
and sell its certificates of indebtedness (hereinafter called
"bonds") as evidence thereof, to an amount not exceeding
Two Million Dollars ($2,000,000.00), in the manner and
upon the terms set forth in said Act, the proceeds thereof,
not exceeding the par value of said certificates of indebt-
edness, to be used for or in connection with making, guar-
anteeing, or insuring financial loans for rehabilitating,
renovating, redeveloping or improving commercial proper-
ties in Baltimore City, as authorized by said Act; and

Whereas, Funds are now needed for said purposes;
therefore

418 ORDINANCES Ord. No. 1037

empowered to issue bonds of the Mayor and City Council
of Baltimore to an amount not exceeding Two Million
Dollars ($2,000,000.00), from time to time, as the same
may be needed or required for the purposes hereinafter
named and said bonds shall be sold by said Board of
Finance from time to time and at such times as shall be
requisite, and the proceeds derived from the sale of said
bonds shall be used for the purposes hereinafter named,
provided that this ordinance shall not become effective
unless it shall be approved by a majority of the votes of
the legal voters of Baltimore City cast at the time and
place hereinafter designated by this ordinance.

Sec. 2. And be it further ordained, That :

(a) Said bonds shall be issued in denominations of
not less than One Thousand Dollars ($1,000.00) each, but
may be in sums of One Thousand Dollars ($1,000.00), or
any suitable multiple thereof.

(b) Said bonds, or any part thereof, shall be issued
in accordance with a serial maturity plan so worked out
as to discharge the entire principal amount represented
thereby within not more than forty (40) years from the
date of their issuance ; provided, however, that it shall not
be necessary to provide for the maturity of any part of
the principal amount represented by any of said bonds
for the first five (5) years from the date of their issuance.

(c) Said bonds, when issued, shall bear interest at
such rate or rates as may be determined by a majority of
the Board of Finance by resolution at such time or times
when any of said bonds are issued, and such interest shall
be payable semi-annually.

ORDINANCES 419

provisions, if any, for the issuance of fully registered
bonds; the provisions, if any, for the registration as to
principal of any coupon bonds; and the provisions, if any,
for the conversion and reconversion into coupon bonds of
any fully registered bonds or coupon bonds registered as
to principal; the place or places for the payment of prin-
cipal and interest of said bonds; and the date of said
bonds issued at any particular time, and the right of
redemption of said bonds by the City prior to maturity;
and

(b) The time, place, manner and medium of adver-
tisement of the readiness of the Board of Finance, acting
for and on behalf of the Mayor and City Council of Bal-
timore, to receive bids for the purchase of the bonds
authorized to be issued hereunder, or any part thereof;
the form, terms and conditions of such bids; the time,
place and manner of awarding bonds so bid for, including
the right whenever any of the bonds authorized by this
ordinance are offered for sale and sold at the same time
as other bonds of said city, to establish the conditions for
bids and awards and to award all of said bonds on an all
or none basis; and the time, place, terms and manner of
settlement for the bonds so bid for.

Sec. 4. And be it further ordained, That :

(a) All premiums resulting from the sale of any of
the bonds issued and sold pursuant to the provisions of
this ordinance shall be applied first to defray the cost of
issuance thereof and the balance, if any, shall be applied
to the payment of interest on any of said bonds becoming
due and payable during the fiscal year in which said bonds
are issued and sold or during the next succeeding fiscal
year.

(c) All bonds issued and sold pursuant to the provi-
sions of this ordinance shall be sold at public sale to the
highest responsible bidder or bidders therefor after due

420 ORDINANCES Ord. No. 1037

notice of such sale, but the Mayor and City Council of
Baltimore, acting by and through the Board of Finance
thereof, shall have the right to reject any or all bids
therefor for any reason, and thereafter reoffer such bonds
at public sale as aforesaid or at private sale, provided that
if such bonds be offered at private sale they shall be
offered for sale and sold for not less than par and accrued
interest.

Sec. 5. And be it further ordained, That until all of the
interest on and principal of any bonds issued pursuant to
the provisions of this ordinance have been paid in full,
the Mayor and City Council of Baltimore shall levy and
impose an annual tax on each One Hundred Dollars
($100.00) of assessable property in the City of Baltimore
at a rate sufficient to produce revenue to pay all interest
on and principal of all bonds theretofore issued and out-
standing or authorized to be issued and outstanding, pay-
able in the next succeeding year.

Sec. 6. And be it further ordained, That this ordinance
shall be submitted to the legal voters of the City of Bal-
timore, for their approval or disapproval, at the Mu-
nicipal Election to be held in Baltimore City on Tuesday,
the 6th day of November, 1979.

Sec. 7. And be it further ordained, That prior to the
date of the election hereinbefore mentioned, notice shall
be given to the public of the amount of money which the
Mayor and City Council of Baltimore is authorized to
borrow, and the general purposes for which such borrowed
funds may be expended, under the terms and provisions
of this ordinance, and the time when the election herein-
before mentioned is to be held ; and such public notice shall
be given in such manner and by such means or through
such media and at such time or times as may be deter-
mined, from time to time, by a majority of the Board of
Finance.

ORDINANCES 421

(a) So much thereof as may be necessary, in addition
to the premiums realized from the sale, if any, for the
cost of issuance, including the expense of engraving, print-
ing, advertising, attorneys' fees, and all other incidental
expenses connected therewith; and

(b) The remainder of such proceeds shall be used to
make or contract to make financial loans to the owners of
buildings or structures located within the boundaries of
Baltimore City, which are used or occupied for commer-
cial purposes, for or in connection with rehabilitating,
renovating, redeveloping or improving said buildings or
structures; to guarantee or insure financial loans made by
third parties to the owners of buildings or structures
located within the boundary lines of Baltimore City, which
are used or occupied for commercial purposes, for or in
connection with rehabilitating, renovating, redeveloping
or improving said buildings or structures, and for doing
any and all things necessary, proper or expedient in con-
nection with or pertaining to any or all of the matters or
things hereinbefore mentioned.

Sec. 9. And be it further ordained, That no part of the
proceeds of sale of the bonds hereby authorized to be
issued shall be expended until after the Board of Finance
has determined, based upon such data as said Board of
Finance shall require to be submitted to it to enable it
to make such determination, that any financial loans made,
guaranteed or insured from such proceeds shall, in fact,
be self-supporting.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

422 ORDINANCES Ord. No. 1038

No. 1038
(Council No. 2301)

An Ordinance to authorize the Mayor and City Council of
Baltimore (pursuant to Chapter 16 of the Acts of the
General Assembly of Maryland of 1979), to issue and
sell its certificates of indebtedness to an amount not ex-
ceeding Four Million Dollars ($4,000,000.00) the pro-
ceeds derived from the sale of the same to be used for
the cost of issuance, including the expense of engraving,
printing, advertising, attorneys' fees, and all other in-
cidental expenses connected therewith, and the remainder
of such proceeds shall be used for or in connection with
planning, developing, executing, and making operative
the commercial and industrial economic development pro-
gram of the Mayor and City Council of Baltimore, includ-
ing, but not limited to, the acquisition, by purchase, lease,
condemnation or any other legal means, of land or prop-
erty, or any right, interest, franchise, easement or
privilege therein, in the City of Baltimore; the payment
of any and all costs and expenses incurred in connection
with or incidental to the acquisition and management of
said land or property, including any and all rights or
interest therein hereinbefore mentioned ; the payment of
any and all costs and expenses incurred for or in con-
nection with relocating and moving persons or other legal
entities displaced by the acquisition of said land or prop-
erty, or any of the rights or interest therein hereinbefore
mentioned ; the development, or redevelopment, including,
but not limited to, the comprehensive renovation or re-
habilitation of any land or property, or any rights or
interests therein hereinbefore mentioned, in the City of
Baltimore, and the disposition of land and property
for such purposes; the elimination of unhealthful, un-
sanitary or unsafe conditions, lessening density, elimi-
nating obsolete or other uses detrimental to the
public welfare or otherwise removing or preventing
the spread of blight or deterioration in the City of
Baltimore; the demolition, removal, relocation, renova-
tion or alteration of land, buildings, streets, highways,
alleys, utilities or services, and other structures or im-
provements, and for the construction, reconstruction, in-

ORDINANCES 423

stallation, relocation or repair of buildings, streets, high-
ways, alleys, utilities or services, and other structures or
improvements ; the payment of any and all costs and ex-
penses incurred for or in connection with doing any or
all of the things herein mentioned, including, but not
limited to, the costs and expenses of securing admin-
istrative, appraisal, economic analysis, engineering, plan-
ning, designing, architectural, surveying, and other pro-
fessional services; and doing any and all things neces-
sary, proper or expedient in connection with or pertaining
to any or all of the matters or things hereinbefore men-
tioned; conferring and imposing upon the Board of Fi-
nance of Baltimore City certain powers and duties; au-
thorizing the submission of this Ordinance to the legal
voters of the City of Baltimore, for their approval or
disapproval, at the Municipal Election to be held in Bal-
timore City on Tuesday, the 6th day of November, 1979
and providing for the expenditure of the proceeds of sale
of said certificates of indebtedness in accordance with
the provisions of the Charter of the Mayor and City Coun-
cil of Baltimore, and by the municipal agency designated
in the annual Ordinance of Estimates of the Mayor and
City Council of Baltimore.

Whereas, by Chapter 16 of the Acts of the General As-
sembly of Maryland of 1979 the Mayor and City Council of
Baltimore is authorized to create a debt and to issue and sell
its certificates of indebtedness (hereinafter called "bonds")
as evidence thereof, to an amount not exceeding Four Mil-
lion Dollars ($4,000,000.00) in the manner and upon the
terms set forth in said Act, the proceeds thereof, not ex-
ceeding the par value of said certificates of indebtedness,
to be used for or in connection with the commercial and in-
dustrial Economic Development Program of the City of
Baltimore; and

Whereas, Funds are now needed for said purposes;
therefore

424 ORDINANCES Ord. No. 1038

to issue bonds of the Mayor and City Council of Baltimore
to an amount not exceeding Four Million Dollars ($4,000,-
000.00) from time to time, as the same may be needed or re-
quired for the purposes hereinafter named and said bonds
shall be sold by said Board of Finance from time to time
and at such times as shall be requisite, and the proceeds
derived from the sale of said bonds shall be used for the
purposes hereinafter named, provided that this Ordinance
shall not become effective unless it shall be approved by a
majority of the votes of the legal voters of Baltimore City
cast at the time and place hereinafter designated by this
Ordinance.

Sec. 2. And be it further ordained, That said bonds shall
be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One
Thousand Dollars ($1,000.00) or any suitable multiple
thereof, to be redeemable in Twenty (20) yearly series on
the fifteenth day of October in each of the years and in
the amounts as set forth in the following schedule:

Each of the Years Amount in each of the Years

1984 through 2003 $200,000.00

both inclusive

Said bonds, when issued, shall bear interest at such rate
or rates as may be determined by a majority of the Board of
Finance by resolution at such time or times when any of
said bonds are issued, the interest to be payable semi-
annually on the fifteenth day of April and the fifteenth day
of October in each year after issuance, during the respective
periods that the series in which said bonds are issued may
run.

Sec. 3. And be it further ordained, That a majority of
the Board of Finance of the Mayor and City Council of
Baltimore be, and it is hereby, authorized to pass a resolu-
tion or resolutions, from time to time, to determine and set
forth any or all of the following :

(a) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under the
provisions of this Ordinance at any particular time, includ-

ORDINANCES 425

ing any interest coupons to be attached thereto; the pro-
visions, if any, for the issuance of coupon bonds ; the pro-
visions, if any, for the issuance of fully registered bonds;
the provisions, if any, for the registration as to principal of
any coupon bonds ; and the provisions, if any, for the con-
version and reconversion into coupon bonds of any fully
registered bonds or coupon bonds registered as to principal ;
the place or places for the payment of principal and interest
of said bonds ; and the date of said bonds issued at any
particular time, and the right of redemption of said bonds
by the City prior to maturity ; and

(b) The time, place, manner and medium of advertise-
ment of the readiness of the Board of Finance, acting for
and on behalf of the Mayor and City Council of Baltimore,
to receive bids for the purchase of the bonds authorized
to be issued hereunder, or any part thereof ; the form, terms
and conditions of such bids ; the time, place and manner of
awarding bonds so bid for, including the right whenever
any of the bonds authorized by this Ordinance are offered
for sale and sold at the same time as other bonds of said
City, to establish the conditions for bids and awards and to
award all of said bonds on an all or none basis; and the
time, place, terms and manner of settlement for the bonds
so bid for.

Sec. 4. And be it further ordained, That:

(a) All premiums resulting from the sale of any of the
bonds issued and sold pursuant to the provisions of this
Ordinance shall be applied first to defray the cost of is-
suance thereof and the balance, if any, shall be applied to
the payment of interest on any of said bonds becoming due
and payable during the fiscal year in which said bonds are
issued and sold or during the next succeeding fiscal year.

(b) The debt authorized by the provisions of this Ordi-
nance, and the bonds issued and sold pursuant thereto and
their transfer, and the principal and interest payable
thereon (including any profit made in the sale thereof),
shall be and remain exempt from any and all State, county
and municipal taxation in the State of Maryland.

426 ORDINANCES Ord. No. 1038

responsible bidder or bidders therefor after due notice of
such sale, but the Mayor and City Council of Baltimore,
acting by and through the Board of Finance thereof, shall
have the right to reject any or all bids therefor for any
reason, and thereafter reoffer such bonds at public sale as
aforesaid or at private sale, provided that if such bonds
be offered at private sale they shall be offered for sale and
sold for not less than par and accrued interest.

Sec. 5. And be it further ordained, That until all of the
interest on and principal of any bonds issued pursuant to the
provisions of this Ordinance have been paid in full, the
Mayor and City Council of Baltimore shall levy and impose
an annual tax on each One Hundred Dollars ($100.00) of
assessable property in the City of Baltimore at a rate
sufficient to produce revenue to pay all interest on and
principal of all bonds theretofore issued and outstanding
or authorized to be issued and outstanding, payable in the
next succeeding year.

Sec. 6. And be it further ordained, That this Ordinance
shall be submitted to the legal voters of the City of Balti-
more, for their approval or disapproval, at the Municipal
Election to be held in Baltimore City, on Tuesday, the 6th
day of November, 1979.

Sec. 7. And be it further ordained, That prior to the
date of the election hereinbefore mentioned, notice shall
be given to the public of the amount of money which
the Mayor and City Council of Baltimore is authorized
to borrow, and the general purposes for which such bor-
rowed funds may be expended, under the terms and pro-
visions of this Ordinance, and the time when the election
hereinbefore mentioned is to be held ; and such public notice
shall be given in such manner and by such means or through
such media and at such time or times as may be determined,
from time to time, by a majority of the Board of Finance.

Sec. 8. And be it further ordained, That the actual cash
proceeds derived from the sale of the bonds authorized to
be issued under the provisions of this Ordinance, not ex-
ceeding the par value thereof, shall be used exclusively for
the following purposes, to wit :

ORDINANCES 427

(a) So much thereof as may be necessary, in addition to
the premiums realized from the sale, if any, for the cost
of issuance, including the expense of engraving, printing,
advertising, attorneys' fees, and all other incidental ex-
penses connected therewith ; and

(b) The remainder of such proceeds shall be used for or
in connection with planning, developing, executing and
making operative the commercial and industrial Economic
Development Program of the Mayor and City Council of
Baltimore, including, but not limited to :

(i) The acquisition, by purchase, lease, condemnation,
or any other legal means, of land or property, or any right,
interest, franchise, easement or privilege therein, in the
City of Baltimore;

(ii) The payment of any and all costs and expenses in-
curred in connection with or incidental to the acquisition
and management of said land or property, including any
and all rights or interest therein hereinbefore mentioned;

(iv) The development or redevelopment, including, but
not limited to, the comprehensive renovation or rehabilita-
tion of any land or property, or any rights or interests
therein hereinbefore mentioned, in the City of Baltimore,
and the disposition of land and property for such purposes ;

(v) The elimination of unhealthful, unsanitary or un-
safe conditions, lessening density, eliminating obsolete or
other uses detrimental to the public welfare or otherwise
removing or preventing the spread of blight or deteriora-
tion in the City of Baltimore ;

(vi) The demolition, removal, relocation, renovation or
alteration of land, buildings, streets, highways, alleys, utili-
ties or services, and other structures or improvements, and
for the construction, reconstruction, installation, relocation
or repair of buildings, streets, highways, alleys, utilities
or services, and other structures or improvements ;

428

ORDINANCES

Ord. No. 1039

(vii) The payment of any and all costs and expenses
incurred for or in connection with doing any or all of the
things herein mentioned, including, but not limited to, the
costs and expenses of securing administrative, appraisal,
economic analysis, engineering, planning, designing, archi-
tectural, surveying and other professional services ; and

(viii) Doing any and all things necessary, proper or ex-
pedient in connection with or pertaining to any or all of the
matters or things hereinbefore mentioned.

All of such land or property shall be acquired, developed,
redeveloped, renovated, rehabilitated, altered, improved,
held or disposed of, as provided by law.

Sec. 9. And be it further ordained, That the expenditure
of the proceeds derived from the sale of the bonds au-
thorized to be issued under the provisions of this Ordinance
shall be in accordance with the provisions of the Charter of
the Mayor and City Council of Baltimore, and by the mu-
nicipal agency designated in the annual Ordinance of Esti-
mates of the Mayor and City Council of Baltimore.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1039
(Council No. 2302)

An Ordinance to authorize the Mayor and City Council
of Baltimore (pursuant to Chapter 17 of the Acts of the
General Assembly of Maryland of 1979), to issue and
sell its certificates of indebtedness to an amount not
exceeding Two Million Five Hundred Thousand Dollars
($2,500,000.00), the proceeds derived from the sale of
the same to be used for the cost of issuance, including
the expense of engraving, printing, advertising, attor-
neys' fees, and all other incidental expenses connected
therewith, and the remainder of such proceeds shall be
used to make or contract to make financial loans to any

ORDINANCES 429

person or other legal entity to be used for or in con-
nection with the purchase, acquisition, construction,
reconstruction, erection, development, redevelopment, re-
habilitation, renovation, modernization or improvement
of building's or structures, including any land necessary
therefor, within the boundaries of Baltimore City, which
buildings or structures are to be used or occupied for
industrial purposes; to guarantee or insure financial
loans made by third parties to any person or other legal
entity which are to be used for or in connection with
the purchase, acquisition, construction, reconstruction,
erection, development, redevelopment, rehabilitation,
renovation, modernization or improvement of buildings
or structures, including any land necessary therefor,
within the boundaries of Baltimore City, which build-
ings or structures are to be used or occupied for in-
dustrial purposes, and for doing any and all things
necessary, proper or expedient in connection with or
pertaining to any or all of the matters or things here-
inbefore mentioned; conferring and imposing upon the
Board of Finance of Baltimore City certain powers and
duties; authorizing the submission of this Ordinance to
the legal voters of the City of Baltimore, for their ap-
proval or disapproval, at the Municipal Election to be
held in Baltimore City on Tuesday, the 6th day of
November, 1979 ; providing that the financial loans made,
guaranteed or insured shall be self-supporting, and pro-
viding for the expenditure of the proceeds of said cer-
tificates of indebtedness in accordance with the provi-
sions of the Charter of the Mayor and City Council of
Baltimore, and by the municipal agency designated in
the annual Ordinance of Estimates of the Mayor and
City Council of Baltimore.

Whereas, by Chapter 17 of the Acts of the General
Assembly of Maryland of 1979, the Mayor and City Coun-
cil of Baltimore is authorized to create a debt and to issue
and sell its certificates of indebtedness (hereinafter called
"bonds") as evidence thereof, to an amount not exceeding
Two Million Five Hundred Thousand Dollars ($2,500,-
000.00), in the manner and upon the terms set forth in
said Act, the proceeds thereof, not exceeding the par value
of said certificates of indebtedness, to be used for or in

430 ORDINANCES Ord. No. 1039

connection with making, guaranteeing, or insuring finan-
cial loans for purchasing, acquiring, constructing, recon-
structing, erecting, developing, redeveloping, rehabilitat-
ing, renovating, modernizing or improving industrial prop-
erties in Baltimore City, as authorized by said Act; and

Whereas, Funds are now needed for said purposes;
therefore

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Mayor and City Council of Bal-
timore, acting by and through the Board of Finance of
said municipality, be and it is hereby authorized and
empowered to issue bonds of the Mayor and City Council
of Baltimore to an amount not exceeding Two Million Five
Hundred Thousand Dollars ($2,500,000.00), from time to
time, as the same may be needed or required for the pur-
poses hereinafter named and said bonds shall be sold by
said Board of Finance from time to time and at such times
as shall be requisite, and the proceeds derived from the
sale of said bonds shall be used for the purposes herein-
after named, provided that this Ordinance shall not be-
come effective unless it shall be approved by a majority
of the votes of the legal voters of Baltimore City cast at the
time and place hereinafter designated by this Ordinance.

Sec. 2. And be it further ordained, That:

(a) Said bonds shall be issued in denominations of
not less than One Thousand Dollars ($1,000.00) each, but
may be in sums of One Thousand Dollars ($1,000.00), or
any suitable multiple thereof.

(b) Said bonds, or any part thereof, shall be issued
in accordance with a serial maturity plan so worked out
as to discharge the entire principal amount represented
thereby within not more than forty (40) years from the
date of their issuance; provided, however, that it shall not
be necessary to provide for the maturity of any part of
the principal amount represented by any of said bonds
for the first five (5) years from the date of their issuance.

(c) Said bonds, when issued, shall bear interest at
such rate or rates as may be determined by a majority of
the Board of Finance by resolution at such time or times

ORDINANCES 431

when any of said bonds are issued, and such interest shall
be payable semi-annually.

Sec. 3. And be it further ordained, That a majority of
the Board of Finance of the Mayor and City Council
of Baltimore be, and they are hereby, authorized to pass
a resolution or resolutions, from time to time, to determine
and set forth any or all of the following:

(a) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under
the provisions of this Ordinance at any particular time,
including any interest coupons to be attached thereto; the
provisions, if any, for the issuance of coupon bonds; the
provisions, if any, for the issuance of fully registered
bonds; the provisions, if any, for the registration as to
principal of any coupon bonds; and the provisions, if any,
for the conversion and reconversion into coupon bonds of
any fully registered bonds or coupon bonds registered as
to principal; the place or places for the payment of prin-
cipal and interest of said bonds ; and the date of said bonds
issued at any particular time, and the right of redemption
of said bonds by the City prior to maturity ; and

(b) The time, place, manner and medium of adver-
tisement of the readiness of the Board of Finance, acting
for and on behalf of the Mayor and City Council of Bal-
timore, to receive bids for the purchase of the bonds au-
thorized to be issued hereunder, or any part thereof; the
form, terms and conditions of such bids; the time, place
and manner of awarding bonds so bid for, including the
right whenever any of the bonds authorized by this Ordi-
nance are offered for sale and sold at the same time as
other bonds of said City, to establish the conditions for
bids and awards and to award all of said bonds on an all
or none basis; and the time, place, terms and manner of
settlement for the bonds so bid for.

Sec. 4. And be it further ordained, That:

432 ORDINANCES Ord. No. 1039

to the payment of interest on any of said bonds becoming
due and payable during the fiscal year in which said bonds
are issued and sold or during the next succeeding fiscal
year.

(b) The debt authorized by the provisions of this
Ordinance, and the bonds issued and sold pursuant thereto
and their transfer, and the principal and interest payable
thereon (including any profit made in the sale thereof)
shall be and remain exempt from any and all State, county
and municipal taxation in the State of Maryland.

(c) All bonds issued and sold pursuant to the provi-
sions of this Ordinance shall be sold at public sale to the
highest responsible bidder or bidders therefor after due
notice of such sale, but the Mayor and City Council of
Baltimore, acting by and through the Board of Finance
thereof, shall have the right to reject any or all bids
therefor for any reason, and thereafter reoffer such bonds
at public sale as aforesaid or at private sale, provided
that if such bonds be offered at private sale they shall be
offered for sale and sold for not less than par and accrued
interest.

Sec. 5. And be it further ordained, That until all of the
interest on and principal of any bonds issued pursuant to
the provisions of this Ordinance have been paid in full,
the Mayor and City Council of Baltimore shall levy and
impose an annual tax on each One Hundred Dollars
($100.00) of assessable property in the City of Baltimore
at a rate sufficient to produce revenue to pay all interest
on and principal of all bonds theretofore issued and out-
standing or authorized to be issued and outstanding, pay-
able in the next succeeding year.

Sec. 7. And be it further ordained, That prior to the
date of the election hereinbefore mentioned, notice shall

ORDINANCES 433

be given to the public of the amount of money which the
Mayor and City Council of Baltimore is authorized to
borrow, and the general purposes for which such borrowed
funds may be expended, under the terms and provisions
of this Ordinance, and the time when the election here-
inbefore mentioned is to be held; and such public notice
shall be given in such manner and by such means or
through such media and at such time or times as may be
determined, from time to time, by a majority of the Board
of Finance.

Sec. 8. And be it further ordained. That the actual cash
proceeds derived from the sale of the bonds authorized
to be issued under the provisions of this Ordinance, not
exceeding the par value thereof, shall be used exclusively
for the following purposes, to wit:

(b) The remainder of such proceeds to be used to
make or contract to make financial loans to any person
or other leg"al entity to be used for or in connection with
the purchase, acquisition, construction, reconstruction,
erection, development, redevelopment, rehabilitation, reno-
vation, modernization or improvement of buildings or
structures, including any land necessary therefor, within
the boundaries of Baltimore City, which building's or
structures are to be used or occupied for industrial pur-
poses; to guarantee or insure financial loans by third
parties to any person or other legal entity which are to
be used for or in connection with the purchase, acquisi-
tion, construction, reconstruction, erection, development,
redevelopment, rehabilitation, renovation, modernization
or improvement of buildings or structures, including any
land necessary therefor, within the boundaries of Balti-
more City, which buildings or structures are to be used
or occupied for industrial purposes; and for doing any
and all things necessary, proper or expedient in connec-
tion with or pertaining to any or all of the matters or
things hereinbefore mentioned ;

434 ORDINANCES Ord. No. 1040

Sec. 9. And be it further ordained, That no part of the
proceeds of sale of the bonds hereby authorized to be
issued shall be expended until after the Board of Finance
has determined, based upon such data as said Board of
Finance shall require to be submitted to it to enable it to
make such determination, that any financial loans made,
guaranteed or insured from such proceeds, shall, in fact,
be self-supporting.

Sec. 10. And be it further ordained, That the expendi-
ture of the proceeds derived from the sale of the bonds
authorized to be issued under the provisions of this Ordi-
nance shall be in accordance with the provisions of the
Charter of the Mayor and City Council of Baltimore, and
by the municipal agency designated in the annual Ordi-
nance of Estimates of the Mayor and City Council of
Baltimore.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1040
(Council No. 2424)

An Ordinance authorizing and providing for the issuance, sale
and delivery, by Mayor and City Council of Baltimore (the
"City") of its revenue bonds, to be used to provide funds
for development of an owner-occupancy residential mort-
gage loan program, designated "Single-Family Mortgage
Revenue Bonds (Baltimore City Loan Program)" in the
aggregate principal amount not exceeding $100,000,000,
pursuant to the provisions of Subsections (51) and (50) of
Article II of the Charter of Baltimore City (1964 Revision,
as amended), in order to use the proceeds for the sole and
exclusive purpose of financing the Baltimore Residential
Loan Program (as defined in this ordinance) for the City
of Baltimore, including (without limitation) the purchase,
the contracting to purchase or the acquisition of mortgage
loans bearing interest rates below those generally prevail-

ORDINANCES 435

ing (at the time of purchase or contract to purchase) in
the private mortgage market (to the extent such a market
exists at that time) for loans of comparable quality and
term in the City of Baltimore, as provided in this ordi-
nance, for the public purpose of developing readily avail-
able sources of money at low and moderate cost for the
Baltimore Residential Loan Program (as defined in this
ordinance) for the City of Baltimore ; making certain leg-
islative findings, among others, concerning the public bene-
fit and purpose of such revenue bonds ; setting eligibility
requirements for residents participating in the Baltimore
Residential Loan Program (as defined in this ordinance)
at an annual family income not to exceed $25,000 if the
property securing the loan does not involve major reha-
bilitation or is not located in an urban renewal or revitali-
zation area, or $30,000 if the property securing the loan
does involve major rehabilitation or is located in an urban
renewal or revitalization area, adjusted upward in each
case by $1,000 for each additional person in the house-
hold, subject to adjustment as set forth in this ordinance;
providing that (a) such revenue bonds shall be payable
solely and only from Revenue Bond Loan Program Reve-
nues (as defined in this ordinance) and (to the extent pro-
vided by resolution of the Board of Finance of the City
adopted pursuant to this ordinance) certain proceeds of
such revenue bonds and (b) such revenue bonds shall not
ever constitute, within the meaning of Section 7 of Article
XI of the Constitution of Maryland or any other constitu-
tional, statutory or charter provision or otherwise (i) a
debt or general obligation of the City or any other political
subdivision or (ii) a pledge of or an involvement of the
faith and credit or the taxing powers of the City or any
other political subdivision; authorizing and empowering
the Board of Finance of the City by resolution (i) to de-
termine and set forth certain matters pertaining to the
revenue bonds, including (without limitation) the form,
terms, provisions (including redemption provisions and
sinking fund requirements, if any) , manner or method of
issuing and selling (including negotiated as well as com-
petitive bid sale) , and the time or times of issuance and
any and all other details of such revenue bonds, (ii) to do
any and all things necessary, proper or expedient in con-
nection with the issuance and sale of such revenue bonds,

436 ORDINANCES Ord. No. 1040

including (without limitation) to approve the form of loan
origination and servicing agreements and all loan or other
documents in connection with the Baltimore Residential
Loan Program and such revenue bonds, to prepare and
distribute preliminary and final official statements or pre-
liminary and final placement memoranda or circulars in
connection with the sale of such revenue bonds, to deter-
mine the dates, times and places when underwriting or
placement agreements or purchase agreements shall be
submitted by the underwriters or placement agents for
such revenue bonds or the purchasers of such revenue
bonds and to determine certain of the terms of such agree-
ments, to determine the interest rate or rates to be paid
by the City on such revenue bonds and to appoint a trustee
for such revenue bonds, and (iii) to approve the form of
trust agreements between the City and the trustee, which
trust agreements may (a) pledge or assign all or any part
of the security for such revenue bonds, (b) contain rea-
sonable and proper provisions for the protection and en-
forcement of the rights and remedies of the holders of
such revenue bonds, (c) set forth the rights and remedies
of the holders of such revenue bonds and of the trustee
and restrict the individual right of action by the holders
of such revenue bonds, and (d) contain whatever other
provisions are deemed reasonable and proper for the se-
curity of the holders of such revenue bonds; providing
that all or a portion of such revenue bonds may be re-
funded pursuant to a subsequent ordinance of the City;
providing that the Bonds may be issued in one or more
series as the Board of Finance by resolution may provide;
and generally providing for and determining various mat-
ters in connection with the authorization, issuance, secu-
rity, sale and payment of such revenue bonds and estab-
lishment of certain matters relating to the Baltimore
Residential Loan Program (as defined in this ordinance) .

RECITALS

A. Subsection (51) — Loans to Facilitate Low and Moderate
Cost Residential Mortgage Financing Within the City, of
Article II of the Charter of Baltimore City (1964 Revi-
sion, as amended) ("Subsection 51") authorizes Mayor
and City Council of Baltimore (the "City") to borrow

ORDINANCES 437

money by the issuance and sale of its revenue bonds and
to utilize the proceeds of the bonds to develop an owner-
occupancy residential mortgage loan program in the City
of Baltimore, Maryland ("Baltimore") to provide readily
available sources of money at low and moderate cost for
such residential mortgage loans within Baltimore through
the purchase, contracting to purchase or other acquisition
of mortgage loans (i) bearing interest rates below those
generally prevailing (at the time of purchase or contract
to purchase) in the private mortgage market (to the ex-
tent such a market exists at that time) for loans of com-
parable quality and term in Baltimore and (ii) having
whatever other terms and characteristics as may be de-
termined by the City. Subsection (51) requires that
revenue bonds authorized thereunder shall be issued pur-
suant to Subsection (50) — Revenue Bonds and Obliga-
tions, of the Charter of Baltimore City (1964 Revision,
as amended).

B. Subsection (50) — Revenue Bonds and Obligations, of Ar-
ticle II of the Charter of Baltimore City (1964 Revision,
as amended) ("Subsection (50)") authorizes the City to
borrow money through the issuance and sale of its revenue
bonds for the accomplishment of any of the purposes, ob-
jects and powers of the City. Revenue bonds issued pur-
suant to Subsection (50) shall be payable, as to both prin-
cipal and interest, solely from and secured solely by (i)
the revenues from or arising in connection with the prop-
erty, facilities, developments and improvements whose
financing is undertaken by issuance of the bonds, (ii) the
revenues from or arising in connection with any contracts,
mortgages or other securities purchased or otherwise ac-
quired with the proceeds of the bonds, (iii) the contracts,
mortgages or other securities purchased or otherwise ac-
quired with the proceeds of the bonds, or (iv) any com-
bination of (i), (ii) or (iii).

C. Subsection (50) further authorizes the City to authorize
and empower the Commissioners of Finance of the City
(pursuant to Resolution 13 of Mayor and City Council of
Baltimore, approved by the Mayor August 14, 1978,
adopted by referendum on November 7, 1978, the powers
of the Commissioners of Finance were vested in the Board
of Finance, and hereinafter "Board of Finance" shall

438 ORDINANCES Ord. No. 1040

designate the former Commissioners of Finance) by reso-
lution (i) to determine and set forth certain matters per-
taining- to the revenue bonds, including (without limita-
tion) the form, terms, provisions, manner or method of
issuing and selling (including negotiated as well as com-
petitive bid sale), and the time or times of issuance and
any and all other details of such revenue bonds, (ii) to
do any and all things necessary, proper or expedient in
connection with the issuance and sale of such revenue
bonds, and (iii) to approve the form of a trust agreement
between the City and the trustee, which trust agreement
may (a) pledge or assign all or any part of the security
for such bonds, (b) contain reasonable and proper pro-
visions for the protection and enforcement of the rights
and remedies of the holders of such bonds, (c) set forth
the rights and remedies of the holders of such bonds and
of the trustee and restrict the individual rights of action
by the holders of the bonds, and (d) contain whatever
other provisions are deemed reasonable and proper for the
security of the holders of such bonds.

D. Subsection (51) and Subsection (50) are referred to
herein collectively as the "Enabling Laws".

E. Subsection (51) declares, among other things, that bor-
rowing money thereunder by the issuance of revenue
bonds shall be for the essential public purpose of (i) pre-
serving a healthy and viable economy within Baltimore,
(ii) encouraging and facilitating the creation or main-
tenance of a healthy and ready market for residential
real estate in Baltimore, including (without limitation)
the ready sale and purchase of existing residential real
estate and the purchase, acquisition, construction, erec-
tion or development of buildings or structures for owner-
occupied residential purposes, including any land neces-
sary therefor, within the boundaries of Baltimore, (iii)
encouraging and facilitating the purchase of residential
real property in Baltimore in order to maintain and en-
courage growth in real property assessments in Baltimore,
and (iv) preserving the public health, safety and welfare
of the residents of Baltimore by enabling residents of
Baltimore of all income levels to finance readily their
housing needs in Baltimore, thus discouraging the pro-
liferation of vacant and substandard housing in Baltimore

ORDINANCES 439

and retarding- or reversing the movement of financially
self sufficient taxpayers to surrounding subdivisions.

F. Pursuant to the Enabling Laws, the City has determined
to issue and sell in an amount not to exceed $100,000,000
aggregate principal amount of its "Single-Family Residen-
tial Financing Revenue Bonds (Baltimore City Loan Pro-
gram)", (the "Bonds") and to use the proceeds of the
Bonds, to develop an owner-occupancy residential loan
program for Baltimore as established and described in this
ordinance to effectuate the public purposes set forth in
Section 51. The City has determined to reserve for a
period of time during the Baltimore Residential Loan Pro-
gram at least twenty percent (20%) of the funds avail-
able for mortgage loans from each issue of Bonds here-
under to make mortgages to low-income families earning
$12,000 per year or less. Purchasers of residential units in
Baltimore, the mortgages for which are financed pursuant
to the Baltimore Residential Loan Program, are herein-
after referred to as the "Mortgagors".

G. The City has also determined that any bank, trust com-
pany, savings and loan association, mortgage broker or
other entity qualified to originate and service mortgages
and having an office and doing business in Baltimore may
be eligible for participation in the Baltimore Residential
Loan Program.

H. The City has determined to meet with and consult with
neighborhood and community groups in connection with
implementation of the Baltimore Residential Loan Pro-
gram.

I. The City has determined not to use proceeds of the Bonds
for mortgage loans made for financing conversion of
existing residential apartments to condominium units.

J. Pursuant to authority provided in Article XI-H of the Con-
stitution of Maryland and laws enacted pursuant thereto,
the City from time to time has general funds available for
use to make or contract to make or to guarantee or insure
financial loans to any person or other legal entity to be
used for or in connection with the purchase, acquisition,
construction, erection or development of buildings or
structures, including any land necessaiy therefor, within

440 ORDINANCES Ord. No. 1040

the boundaries of Baltimore, which buildings or structures
are to be used or occupied for residential purposes. Pur-
suant to such authority, or as otherwise may be permitted
by applicable law, the City, acting- through the Depart-
ment of Housing and Community Development of the
City and the Board of Estimates of the City, may deter-
mine from time to time to make, guarantee or insure
financial loans in connection with the owner-occupied resi-
dential units for the Project Areas to supplement the pro-
ceeds of the Bonds to develop the Baltimore Residential
Loan Program, particularly in providing loans to persons
of low-income to finance closing costs in the purchase of
owner-occupied residential units.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That, acting pursuant to the Enabling Laws,
it is hereby found and determined, as follows :

(1) The City finds that as a result of such factors as the
continuing increases in the cost of construction and rehabili-
tation of residential real property, maintenance and repair
expenses, inflation, the cost of energy conservation measures,
and the level of borrowing costs, including interest, many
residents of Baltimore with low and moderate incomes are
unable to purchase, rehabilitate, renovate, maintain and
readily finance owner-occupied residential real property
within Baltimore. The City further finds that a major cause
of this inability to obtain owner-occupied residential real
property is the unavailability of funds at borrowing' costs
which are at reasonable levels to permit residents of Balti-
more with low and moderate incomes to purchase, rehabili-
tate, renovate, and maintain residences within Baltimore.
The City desires to encourage preservation, rehabilitation
and renovation of existing owner-occupied residential real
property in Baltimore, to assist in making owner-occupied
housing available to persons of income levels as limited by
this ordinance, to encourage investment in owner-occupied
real property in Baltimore, and to encourage the preserva-
tion, maintenance and improvement of residential neighbor-
hoods in Baltimore. The City further desires to preserve a
healthy and viable economy within Baltimore, to encourage
and facilitate the creation or maintenance of a healthy and
ready market for owner-occupied residential real estate in

ORDINANCES 441

Baltimore, including without limitation, the ready sale and
purchase of existing residential real estate and the purchase,
acquisition, construction, erection and development of build-
ings or structures for owner-occupancy residential purposes,
to encourage and facilitate the purchase of such real prop-
erty in order to maintain and encourage growth in real prop-
erty assessments in Baltimore, and to preserve the public
health, safety and welfare of the residents of Baltimore by
enabling residents of Baltimore with low and moderate in-
comes to'finance readily their housing needs in Baltimore,
thus discouraging the proliferation of vacant and substand-
ard housing in Baltimore and retarding or reversing the
movement of financially self-sufficient taxpayers to sur-
rounding subdivisions. The City hereby establishes a residen-
tial loan program (the "Baltimore Residential Loan Pro-
gram") to make available to residents of Baltimore with
low and moderate incomes mortgage loans bearing interest
rates below those generally prevailing (at the time of pur-
chase or contract to purchase) in the private mortgage
market (to the extent such a market exists at that time)
for loans of comparable quality and term, in order to pro-
mote owner-occupied residential units within Baltimore
offering a variety of good housing accommodations in an
attractive environment.

(2) The issuance of revenue bonds by the City pursuant
to the Enabling Laws to develop the Baltimore Residential
Loan Program through the purchase, contracting to pur-
chase or other acquisition of mortgage loans (i) bearing
interest rates below those generally prevailing (at the time
of purchase or contract to purchase) in the private mortgage
market (to the extent such a market exists at that time)
for loans of comparable quality and term in Baltimore and
(ii) having the terms and characteristics as determined by
this ordinance and the Board of Finance acting pursuant to
this ordinance, will encourage and facilitate the purchase,
renovation, rehabilitation and maintenance of residential
property in Baltimore.

(3) The accomplishment of the transactions contem-
plated and authorized by this ordinance, including (without
limitation) the development of the Baltimore Residential
Loan Program, will accomplish a public purpose and meet
existing public needs by (i) creating and preserving a

442 ORDINANCES Ord. No. 1040

healthy and viable economy within Baltimore, (ii) encour-
aging and facilitating the creation or maintenance of a
healthy and ready market for residential real estate in
Baltimore, (iii) encouraging and facilitating the purchase of
residential real property in Baltimore in order to maintain
and encourage growth in real property assessments in Bal-
timore, and (iv) preserving the public health, safety and
welfare of the residents of Baltimore by enabling residents
of Baltimore with low and moderate incomes to finance
readily their housing needs in Baltimore, thus discouraging
the proliferation of vacant and substandard housing in Bal-
timore and retarding or reversing the movement of finan-
cially self sufficient taxpayers to surrounding subdivisions.

(4) If the property securing the loan to the Mortgagor
does not involve major rehabilitation or is not located in an
urban renewal or revitalization area, as such areas have
heretofore or are hereafter established by the City, the
maximum annual family income for a Mortgagor shall be
twenty-five thousand dollars ($25,000), adjusted upward by
$1,000 for each additional person in the household, subject
to adjustment in accordance with the Consumer Price Index
as provided below. If the property securing the loan to the
Mortgagor does involve major rehabilitation or is located
in an urban renewal or revitalization area, as such areas
have heretofore or are hereafter established by the City,
the maximum annual family income for a Mortgage shall
be thirty thousand dollars ($30,000), adjusted upward by
$1,000 for each additional person in the household, subject
to adjustment in accordance with the Consumer Price Index
as provided below. The Board of Finance is hereby author-
ized to increase each such amounts of $25,000, $30,000 or
$1,000 at any time and from time to time during the period
of operation of the Baltimore Residential Loan Program so
that each such amount is an amount not to exceed $25,000,
$30,000 or $1,000, as the case may be, multiplied by a frac-
tion the numerator of which shall be the most recently avail-
able Index (as defined in this ordinance) at the time of
adjustment and the denominator of which shall be the Base
Index (as defined in this ordinance). The "Index" shall
mean the Consumer Price Index for All Urban Consumers
(United States City Average — all items — revised 1978,
1967 = 100) issued by the Bureau of Labor Statistics of

ORDINANCES 443

the United States Department of Labor. The Base Index
shall mean the Index as of January 1, 1979.

(5) Neither bonds nor interest coupons issued under the
authority of the Enabling Laws constitute, within the mean-
ing of Section 7 of Article XI of the Constitution of Mary-
land or any other constitutional, statutory or charter pro-
vision, (i) a debt or general obligation of the City or any
other political subdivision or (ii) a pledge of or an involve-
ment of the faith and credit or the taxing powers of the
City or any other political subdivision. The principal of and
interest on the Bonds shall be payable from, and secured
by, (i) an assignment of payments, proceeds, charges, rents
and any other income or payments (except certain escrow
payments) to be derived in cash by or for the account of the
City from or related to the Baltimore Residential Loan Pro-
gram, including (without limitation) payments (as deter-
mined by resolution of the Board of Finance adopted pur-
suant to this ordinance) of principal of and interest on
mortgage loans made by the City to Mortgagors (all such
income or payments called the "Revenue Bond Loan Pro-
gram Revenues") and (ii) (to the extent provided by reso-
lution of the Board of Finance adopted pursuant to this
ordinance) proceeds of the Bonds. The principal of and in-
terest on the Bonds shall be secured by (without limitation)
mortgages from Mortgagors in connection with the Balti-
more Residential Loan Program (the "Mortgages"). The
Bonds may be additionally secured (without in any way
specifying or limiting the terms of such additional security)
by (i) insuring all or a part of the Mortgages by private
mortgage insurance provided by one or more private mort-
gage insurers selected by the Board of Finance; or (ii) in-
suring all or a part of the Mortgages through the Maryland
Housing Fund or such other Federal, State or municipal
fund or other agency permitted by applicable law to perform
such insuring functions; or (iii) assigning the proceeds of
the mortgage insurance to the trustee for the holders of the
Bonds (the "Bondholders") ; or (iv) such other security as
the Board of Finance may by resolution approve; or (v) any
combination of (i), (ii), (iii) and (iv).

The principal amount of the Bonds will be paid directly to,
and will be disbursed by, the independent trustee or trus-
tees appointed by the Board of Finance pursuant to this

444 ORDINANCES Ord. No. 1040

ordinance (the 'Trustee"). No such moneys will be either
commingled with the City's general funds or made subject
to the absolute control of the City, except for such limited
supervision and checks as are deemed necessary or desirable
by the City to insure that the proceeds of the Bonds are
used to accomplish the public purposes of the Enabling Laws
and this ordinance. The Revenue Bond Loan Program Reve-
nues will be paid by the Mortgagors to the mortgage servicer
or servicers for the Mortgages as stipulated in the servicing
agreement or agreements to be entered into by the City
with a servicing agent or agents for the Mortgages, and the
Revenue Bond Loan Program Revenues, less the servicing
fees to be approved by the Board of Finance, shall be paid
by such servicer or servicers to the Trustee. The transac-
tions authorized hereby do not constitute a public improve-
ment or a capital project within the meaning of any charter
or statutory provision. The public purposes expressed in this
ordinance are intended to be achieved by providing residen-
tial low and moderate cost mortgage loans to the Mortgagors
within Baltimore ; preserving a healthy economy within Bal-
timore ; fostering a healthy market for residential real estate
in Baltimore ; fostering the purchase of residential real prop-
erty in Baltimore and providing affordable housing to resi-
dents with low and moderate incomes within Baltimore, thus
discouraging the movement of taxpayers to surrounding sub-
divisions.

Sec. 2. And be it further ordained, That, the issuance,
sale and delivery of not exceeding $100,000,000 aggregate
principal amount of revenue bonds, hereby designated "Sin-
gle-Family Mortgage Revenue Bonds (Baltimore City Loan
Program)" are hereby authorized, subject to the provisions
of thic ordinance, the proceeds to be used to develop the
Baltimore Residential Loan Program as set forth in this
ordinance. In addition to the disbursement of Bond proceeds
for mortgage loans under the Baltimore Residential Loan
Program, Bond proceeds may be disbursed (without limita-
tion) (i) to pay the cost of issuance and sale of the Bonds,
including (without limitation) costs of printing the Bonds,
the official statement and other legal documents, costs of
delivery of the Bonds, commitment fees, legal fees, account-
ing fees, underwriting costs, advertising costs, costs of
ratine: aorencv reviews and all other incidental related ex-

ORDINANCES 445

penses and (ii) (to the extent provided by resolution of the
Board of Finance adopted pursuant to this ordinance) to
fund a debt service reserve or other reserve funds for the
Bonds. The Bonds shall be solely and exclusively payable
from the Revenue Bond Loan Program Revenues and (to
the extent provided by resolution of the Board of Finance
adopted pursuant to this ordinance) certain Bond proceeds.
The Bonds shall be secured (to the extent provided by reso-
lution of^the Board of Finance adopted pursuant to this
ordinance) by (without limitation) the Mortgages. The
Board of Finance may require, however, that the Bonds be
additionally secured by (i) insuring the Mortgages through
private mortgage insurance provided by one or more private
mortgage insurers selected by the Board of Finance ; or (ii)
insuring the Mortgages through the Maryland Housing
Fund or such Federal, State, or municipal fund or other
agency permitted by applicable law to perform such insuring
functions; or (iii) assigning the proceeds of the mortgage
insurance to the Trustee for the Bondholders; or (iv) such
other security as the Board of Finance may approve; or
(v) any combination of (i), (ii), (iii) and (iv). The aggre-
gate principal amount of Bonds issued, sold and delivered
pursuant to this ordinance shall not exceed $100,000,000
unless such amount shall be increased by an ordinance of
the City supplemental hereto.

In accordance with the Enabling Laws, the City hereby
authorizes the Board of Finance, unless the City shall other-
wise prescribe prior to the issuance and delivery of the
Bonds, by resolution to take the following actions and to
make the following commitments on behalf of the City:

(a) to determine and set forth the form, terms, provi-
sions (including redemption provisions and sinking fund
requirements, if any), manner or method of issuing and
selling (including negotiated or competitive bid sale) and
the time or times of issuance and any and all other details
of the Bonds;

(b) to determine and set forth the form, terms and pro-
visions of the loan origination and servicing agreements and
all loan and other documents in connection with the Balti-
more Residential Loan Program and the Bonds ;

446 ORDINANCES Ord. No. 1040

(c) to prepare and distribute, in conjunction with the
prospective underwriters or placement agents, if any, for
the Bonds, preliminary and final official statements or place-
ment memoranda or circulars as the Board of Finance deems
necessary and appropriate in connection with the sale of the
Bonds ; provided, however, that any such preliminary official
statements or placement memoranda or circulars shall be
clearly marked to indicate that they are subject to comple-
tion and amendment;

(d) to determine the dates, times and places when an
underwriting or placement agreement or purchase contract
shall be submitted by the underwriters or placement agents
for the Bonds or purchasers of the Bonds, such underwriting
or placement agreement or purchase contract to specify the
interest rate or rates proposed to be paid on the Bonds, the
price at which such Bonds are to be sold to such under-
writers, the placement agents or purchasers, and such other
matters as the underwriters, placement agents or purchasers
and the Board of Finance may deem necessary or desirable
in order to effect the sale and delivery of the Bonds ;

(e) to determine the interest rate or rates to be paid
by the City on the Bonds in accordance with the proposed
underwriting or placement agreement or purchase contract
submitted by the underwriters or placement agents for the
Bonds or purchasers of the Bonds ;

(f ) to appoint, as the Board of Finance deems necessary
and appropriate, a bank having trust powers, or a trust com-
pany, as trustee for the Bonds to be issued pursuant to this
ordinance; and

(g) to approve the form of trust agreement between the
City and the Trustee, which trust agreement may (i) pledge
or assign all or any part of the security for the Bonds, (ii)
contain reasonable and proper provisions for the protection
and enforcement of the rights and remedies of the Bond-
holders, (iii) set forth the rights and remedies of the Bond-
holders and the Trustee and may restrict the individual right
of action by the Bondholders, and (iv) contain whatever
other provisions are deemed reasonable and proper for the
security of the Bondholders.

The Board of Finance shall perform any and all actions
necessary or deemed appropriate by such Board in order to

ORDINANCES 447

effect the issuance and sale of the Bonds in accordance with
and pursuant to this ordinance and the underwriting or
placement agreements or purchase contracts for the Bonds.

The Bonds shall be dated as of the first day of the month
next following the date on which the Bonds are sold unless
the Board of Finance shall specify a different date by a
resolution adopted pursuant to this ordinance, and the
Bonds shall bear interest at an annual rate or rates payable
semi-annually following the date of the Bonds so that, if
the Bonds are dated July 1, 1979, interest on the Bonds will
be payable on January 1, 1979, and semi-annually there-
after each July 1 and January 1 unless the Board of Finance
shall specify more frequent or different dates by a resolu-
tion adopted pursuant to this ordinance.

The Bonds issued hereunder shall mature on the date or
dates provided in a resolution of the Board of Finance
adopted pursuant to this ordinance, but the last maturity
of each series of the Bonds shall in no event exceed a period
of forty (40) years from the date of such series of Bonds.
If the resolution of the Board of Finance does not provide
any maturity or maturities for the Bonds, all of the Bonds
of a series shall mature on the date thirty-two (32) years
from the date of such series of the Bonds. For example, if
the Bond is dated July 1, 1979, all the Bonds of such series
will mature (in the absence of a resolution of the Board of
Finance determining otherwise) on July 1, 2011.

Sec. 3. And be it further ordained, That, prior to the
sale of the Bonds, the Board of Finance, unless the City shall
otherwise prescribe, may determine by resolution :

(1) the provisions of the trust agreement between the
City and the Trustee;

(2) the manner of execution, authentication, registra-
tion and transfer of the Bonds ;

(3) provisions for authentication and delivery of the
Bonds;

(4) the provisions of the Baltimore Residential Loan
Program, including the terms of the Mortgages and the
terms of any origination and servicing agreements between
the City and mortgage servicers for the Mortgages ;

448 ORDINANCES Ord. No. 1040

(5) the terms of the private insurance, public insurance
or other security for the Bonds ;

(6) provisions for creation, holding and disbursement of
a program fund to be held by the Trustee or otherwise held
in connection with the Bonds ;

(7) provisions for creation, holding and disbursement of
any other funds and accounts to be held by the Trustee ;

(8) provisions for the application of the Revenue Bond
Loan Program Revenues;

(9) provisions for the security for and investment of
moneys and securities held by the Trustee ;

(10) the details of the procedure for the redemption
of the Bonds;

(11) remedies for Bondholders in the event of default;

(12) the duties, rights and immunities of the Trustee;

(13) the manner of execution of instruments by Bond-
holders and the method of proof of ownership of the Bonds ;

(14) provisions for modification of this ordinance;

(15) provisions for defeasance of the Bonds;

(16) the forms of the Bonds, coupons and the Trustee's
authentication certificate; and

(17) such other matters in connection with the authori-
zation, issuance, security, sale and payment of the Bonds
as may be deemed appropriate by the Board of Finance.

Any resolution or resolutions adopted pursuant to this
ordinance shall be deemed to be of an administrative nature.

Sec. 4. And be it further ordained, That, the Board of
Finance may approve the issuance of the Bonds in one or
more series from time to time as the Board of Finance by
resolution adopted pursuant to this ordinance deems neces-
sary or appropriate in connection with the schedule, as
amended from time to time, of the Baltimore Residential
Loan Program.

Sec. 5. And be it further ordained, That, if any action
on any matter delegated to the Board of Finance, or author-
ized for implementation by the Board of Finance shall not

ORDINANCES 449

be acted upon by the Board of Finance, such actions and
matters may be acted upon or implemented by a resolution,
approved by the City Council of the City, which is subse-
quently approved by the Mayor or acting Mayor of the City.

Sec. 6. And be it further ordained, That, the provisions
of this ordinance are severable, and if any provision, sen-
tence, clause, section or part thereof is held illegal, invalid
or unconstitutional or inapplicable to any person or circum-
stances, such illegality, invalidity or unconstitutionality, or
inapplicability shall not affect or impair any of the remain-
ing provisions, sentences, clauses, sections, or parts of this
ordinance or its application to other persons or circum-
stances. It is hereby declared to be the legislative intent
that this ordinance would have been adopted if such illegal,
invalid or unconstitutional provision, sentence, clause, sec-
tion or part had not been included therein, and if the person
or circumstances to which this ordinance or any part thereof
is inapplicable had been specifically exempted therefrom.

Sec. 7. And be it further ordained, That the Bonds may
be issued from time to time in one or more series and that
in the construction of this ordinance the singular number
shall include the plural number and the plural the singular.

Sec. 8. And be it further ordained, That, this ordinance
shall take effect from the date of its passage.

Approved May 24, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1041
(Council No. 1584)

An Ordinance to amend the Urban Renewal Plan for Fells
Point, which Plan was approved by Ordinance No. 999
dated October 14, 1975, to, among other things, (1) ex-
pand the project area boundary to include the 200, 300,
AND 400 blocks of South Broadway; (2) authorize the

450 ORDINANCES Ord. No. 1041

acquisition by the Mayor and City Council of Baltimore
of certain properties for urban renewal purposes; (3)
expand the area of review by the Department of Hous-
ing and Community Development of plans for new con-
struction, exterior rehabilitation, and change in use of
certain properties and establish procedures for the issu-
ance and denial of demolition permits; (4) revise the
language pertaining to procedures for changes in the
approved Renewal Plan; (5) add rehabilitation stand-
ards to be applied during the permit review process and
provide penalties for violating these standards; (6)
change the land use of certain areas, identify non-com-
plying uses effected by such land use changes, and es-
tablish controls over said non-complying properties; (7)
recommend certain zoning changes consistent with the
land use changes, identify non-conforming uses effected
thereby, and establish regulations governing their con-
tinuance; (8) provide that the approval of said amend-
ment to the Renewal Plan is not an enactment of the
proposed amendment to the Zoning Ordinance; (9) pro-
vide that in selling land in Fells Point, the Department
of Housing and Community Development shall require
that developers agree in writing not to discriminate in
the sale, lease, use, or occupancy of the property devel-
oped by them against any person because of race, creed,
color, sex, or national origin; (10) revise and/or add
certain appendices or exhibits to said Plan to indicate
the changes provided therein; (11) waive such require-
ments, if any, as to content or procedure for the prep-
aration, adoption, and approval of renewal plans as set
forth in Ordinance No. 152, dated June 28, 1968, and
Ordinance No. 325, dated May 31, 1977, which the Re-
newal Plan for Fells Point may not meet; (12) provide
for the separability of the various parts and applications
of this ordinance; (13) provide that where the provi-
sions of this ordinance shall conflict with any other
ordinance, code or regulation, the provision which es-
tablishes the higher standard shall prevail; and (14)
provide for the effective date hereof.

WHEREAS, a Renewal Plan for Fells Point was approved
by the Mayor and City Council of Baltimore by Ordinance
No. 999 dated October 14, 1975 and last amended by Reso-

ORDINANCES 451

lution of the Board of Estimates of the Mayor and City
Council of Baltimore on Soptombor 28, 4&W JULY 26,
1978 ; and

WHEREAS, pursuant to Section 26, Article 13 of the Bal-
timore City Code (1S66 1976 Edition, AS AMENDED),
as amondod fey Ordinanc e Nor 4S2y datod Juno 28y 1968,
aft4 Ordinanc e £for SSSy datod May £iy 1977, no substantial
change or changes shall be made in any renewal plan, after
approval by ordinance, without such change or changes
first being adopted and approved in the same manner as
set forth in said Section 26 for the approval of renewal
plans, namely the preparation of such change or changes
by the Department of Housing and Community Develop-
ment, the approval of such change or changes by the Di-
rector of the Department of Planning, and approval and
adoption by an ordinance of the Mayor and City Council
of Baltimore after a public hearing in relation thereto, all
in the manner set forth in said Section 26; and

WHEREAS, extensive changes in the Renewal Plan make
it infeasible to make line-by-line changes; therefore, the
Department of Housing and Community Development has
prepared an amended Renewal Plan for Fells Point includ-
ing all prior amendments to said Plan ; and

WHEREAS, said amended Renewal Plan for Fells Point
has been approved by the Director of the Department of
Planning on April 12, 1978 with respect to its conformity
to the Master Plan, the detailed location of any public im-
provements proposed in the amended Renewal Plan, its
conformity to the rules and regulations for subdivisions,
and its c onformity to all zoning changes proposed in the
amended Renewal Plan; and said amended Renewal Plan
has been approved and recommended to the Mayor and
City Council of Baltimore by the Commissioner of the De-
partment of Housing and Community Development on April
13, 1978; now, therefore,

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the amended Renewal Plan for Fells
Point, identified as "Urban Renewal Plan, Fells Point . . .
revised to include Amendment No. 3 dated February 15,
1978 AND REVISED MAY 22, 1978", is hereby approved

452 ORDINANCES Ord. No. 1041

and the Clerk of the City Council is hereby directed to file
a copy of said amended Renewal Plan with the Department
of Legislative Reference as a permanent public record and
to make the same available for public inspection and
information.

Sec. 2. And be it further or darned, That the boundary
of the Fells Point Urban Renewal Area shall be revised to
include the 200, 300, AND 400 blocks of South Broadway;
therefore, Section 2 of Ordinance No. 999, dated October
14, 1975, is hereby amended to read as follows:

Beginning for the same at the point formed by the inter-
section of the western right-of-way line of South Caroline
Street, and the northern right-of-way line of Bank Street;
thence running in an easterly direction, and binding on the
northern right-of-way line of said Bank Street, crossing
Dallas Street, South Bond Street, fandj South Bethel
Street, €md South Broadimy to a point of intersection with
fthe eastern right-of-way line of said South Bethel Street;
thence running in a [southerly direction, and binding on the
eastern right-of-way line of Bethel Street crossing Bank
Street, a five-foot alley, to a point of intersection with the
southern boundary of Lot 62, Block 1435; thence running
in an easterly direction, and binding on the southern boun-
dary of said Lot 62 to a point of intersection with the
eastern boundary of Lot 62; thence running in a northerly
direction, and binding on the eastern boundary of Lot 62
to a point of intersection with the southern boundary of
Lot 2, Block 1435; thence running in an easterly direction
and binding on the southern boundary of said Lot 2 to a
point of intersection with the western boundary of Lot 3,
Block 1435; thence running in a southerly direction and
binding on the western boundary of said Lot 3 to a point
of intersection with the southern boundary of Lot 3 ; thence
running in an easterly direction and binding on the southern
boundary of Lot 3 to a point of intersection with the
western right-of-way line of the first 15-foot alley; thence
running in a southerly direction and binding on the western
right-of-way line of said 15-foot alley to a point of inter-
section with an extended straight line of the northern
boundary of Lot 11, Block 1435; thence running in an
easterly direction and binding on said extended straight

ORDINANCES 453

line and crossing a 15-foot alley to a point of intersection
with the western right-of-way line of South Broadway,
continuing in a straight line, crossing Broadway to a point
of intersection with the eastern right-of-way line of said
South Broadway at the northwesternmost point of Lot 34,
Block 1771; continuing to run easterly and binding on the
northern boundary of said Lot 34 to a point of intersection
with the western right-of-way line of Griffin Court; con-
tinuing in a straight line, crossing said Griffin Court to a
point of intersection with the eastern right-of-way line of
Griffin Court; thence running in a northerly direction and
binding on the eastern right-of-way line of Griffin Court to
a point of intersection with the southern right-of-way line
of the first four-foot alley;] NORTHERLY DIRECTION,
AND BINDING ON THE EASTERN RIGHT-OF-WAY
LINE OF SOUTH BETHEL STREET, CROSSING
GOUGH STREET AND CRAB COURT, TO A POINT OF
INTERSECTION WITH THE SOUTHERN RIGHT-OF-
WAY LINE OF PRATT STREET; THENCE RUNNING
IN AN EASTERLY DIRECTION AND BINDING ON
THE SOUTHERN RIGHT-OF-WAY LINE OF PRATT
STREET, CROSSING SOUTH BROADWAY, TO A
POINT OF INTERSECTION WITH THE WESTERN
RIGHT-OF-WAY LINE OF SOUTH REGESTER
STREET; THENCE RUNNING IN A SOUTHERLY DI-
RECTION AND BINDING ON THE WESTERN RIGHT-
OF-WAY LINE OF SOUTH REGESTER STREET,
CROSSING GOUGH STREET, TO A POINT OF INTER-
SECTION WITH THE NORTHERN RIGHT-OF-WAY
LINE OF BANK STREET; THENCE RUNNING IN A
WESTERLY DIRECTION AND BINDING ON THE
NORTHERN RIGHT-OF-WAY LINE OF BANK STREET
TO A POINT OF INTERSECTION WITH an extended
straight line from the western boundary of Lot 51, Block
1771;

thence running in a southerly direction and binding on
said extended straight line crossing Bank Street, to a point
of intersection with the southern right-of-way line of said
Bank Street, continuing and binding on the western bound-
ary of said Lot 51, to a point of intersection with the
southern boundary of Lot 51 ; thence running in an easterly
direction and binding on the southern boundaries of Lots

454 ORDINANCES Ord. No. 1041

51 and 52, Block 1771; thence running in a southerly direc-
tion and binding on the western boundary of Lot 53, Block
1771, to a point of intersection ivith the northern boundary
of Lot Jf6, Block 1771; thence running in an easterly direc-
tion and binding on the northern boundary of said Lot U6,
to a point of intersection with the western right-of-way
line of South Reg ester Street; thence running in a south-
erly direction and binding on the western right-of-way
line of said South Regester Street to a point of intersection
with the northern boundary of Lot 71, Block 1771; thence
running in a westerly and southerly direction and binding
on the northern and western boundary of said Lot 71,
to a point of intersection with the northern boundary of
Lot 9U, Block 1771; thence running in a westerly direction
and binding on the northern boundary of said Lot 9U,
to a point of intersection with the eastern right-of-way
line of Griffin Court; thence running in a southerly direc-
tion and binding on the eastern right-of-way line of said
Griffin Court, crossing a 1-9- TEN-foot alley, to a point of
intersection with the southern right-of-way line of the first
4- FOUR-foot alley; thence running in an easterly direc-
tion and binding on the southern right-of-way line of said
four-foot alley to a point of intersection with the western
right-of-way line of South Regester Street; thence running
in a southerly direction and binding on the western right-
of-way line of said South Regester Street to a point of
intersection with an extended straight line of the northern
boundary of Lot 25, Block 1771, which is the south right-
of-way line of a four-foot alley; thence running in an
easterly direction, crossing South Regester Street and bind-
ing on the southern right-of-way line of said four-foot
alley to a point of intersection with the western right-of-
way line of Lot 21, Block 1771; thence running in a
northerly direction and binding on the western boundary
of said Lot 21 to a point of intersection with the southern
right-of-way line of Portugal Street; thence running in
an easterly direction, and binding on the southern right-
of-way line of said Portugal Street to a point of intersec-
tion with the western right-of-way line of South Ann
Street, continuing in an easterly direction, crossing said
South Ann Street, to a point of intersection with the
northwesternmost point of Lot 49, Block 1772; thence
running in an easterly direction and binding on the northern

ORDINANCES 455

boundaries of Lots 49, 48, 47, 46 and 45, Block 1772 to a
point of intersection with the western boundary of Lot 77,
Block 1772; thence running in a southerly direction and
binding on the western boundary of said Lot 77 to a point
of intersection with the southern boundary of Lot 77;
thence running in an easterly direction and binding on the
southern boundary of said Lot 77 to a point of intersection
with the western right-of-way line of Durham Street;
thence running in a southerly direction and binding on the
western right-of-way line of said Durham Street to a
point of intersection with an extended straight line of the
northern boundary of Lot 40, Block 1772; thence running
in an easterly direction and binding on the northern boun-
dary of said Lot 40 to a point of intersection with the
western boundary of Lot 30, Block 1772 ; thence running in
a southerly direction and binding on the western boundary
of said Lot 30, to a point of intersection with the southern
boundary of Lot 30; thence running in an easterly direc-
tion and binding on the southern boundary of Lot 30, to a
point of intersection with the western boundary of Lot 34,
Block 1772; thence running in a northerly direction and
binding on the western boundary of said Lot 34, to a point
of intersection with the northern boundary of Lot 34;
thence running in an easterly direction and binding on the
northern boundary of Lot 34, crossing a two-foot alley to
a point of intersection with the eastern right-of-way line
of said two-foot alley; thence running in a southerly direc-
tion and binding on the eastern right-of-way line of said
two-foot alley, to a point of intersection with the southern
boundary of Lot 31, Block 1772; thence running in an
easterly direction and binding on the southern boundary
of said Lot 31, to a point of intersection with the western
right-of-way line of Wolfe Street; thence running in an
easterly direction and continuing in a straight line, crossing
said Wolfe Street to a point of intersection with the south-
westernmost point of Lot 49A, Block 1773; thence running
in an easterly direction and binding on the southern boun-
dary of said Lot 49A, to a point of intersection with the
western boundary of Lot 47/48, Block 1773 ; thence running
in a northerly direction and binding on the western boun-
dary of Lot 47/48 to a point of intersection with the
northern boundary of Lot 47/48; thence running in an
easterly direction and binding on the northern boundary of

456 ORDINANCES Ord. No. 1041

Lot 47/48, to a point of intersection with the western
right-of-way line of the first three-foot alley; thence run-
ning in a southerly direction and binding on the western
right-of-way line of said three-foot alley, to a point of inter-
section with the southern right-of-way line of said three-
foot alley; thence running in an easterly direction and bind-
ing on the southern right-of-way line of said three-foot
alley, to a point of intersection with the eastern boundary
of Lot 44, Block 1773; thence running in a southerly direc-
tion, and binding on the eastern boundary of said Lot 44
to a point of intersection with the southern right-of-way
line of the first two-foot alley ; thence running in an easterly
direction and binding on the southern right-of-way line of
said two-foot alley, to a point of intersection with the west-
ern right-of-way line of Chapel Street, continuing in a
straight line crossing said Chapel Street to a point of inter-
section with the eastern right-of-way line of Chapel Street;
thence running in a northerly direction and binding on the
eastern right-of-way line of Chapel Street, to a point of
intersection with the southern right-of-way line of Portugal
Street; thence running in an easterly direction and binding
on the southern right-of-way line of said Portugal Street
to a point of intersection with the western boundary of Lot
80, Block 1773 ; thence running in a southerly direction and
binding on the western boundary of said Lot 80, to a point
of intersection with the southern boundary of Lot 80;
thence running in an easterly direction and binding on the
southern boundary of Lot 80, to a point of intersection
with the eastern boundary of Lot 80; thence running in a
northerly direction and binding on the eastern boundary
line of Lot 80, to a point of intersection with the southern
right-of-way line of Portugal Street; thence running in an
easterly direction, and binding on the southern right-of-way
line of said Portugal Street, to a point of intersection with
the eastern boundary of Lot 36, Block 1773 ; thence running
in a southerly direction, and binding on the eastern boun-
dary of said Lot 36, to a point of intersection with the
southern boundary of Lot 32, Block 1773; thence running
in an easterly direction and binding on the southern boun-
dary of said Lot 32, to a point of intersection with the
western right-of-way line of Washington Street, continuing
in a straight line crossing said Washington Street to a point
of intersection with the eastern right-of-way line of Wash-

ORDINANCES 457

ington Street at the northwesternmost point of Lot 67,
Block 1774, which is the southern right-of-way line of an
eight-foot alley; thence running in an easterly direction,
binding on the southern right-of-way line of said eight-foot
alley, to a point of intersection with the western right-of-
way line of Castle Street, continuing in a straight line
crossing said Castle Street to a point of intersection with
the eastern right-of-way line of Castle Street; thence run-
ning in a ^northerly direction and binding on the eastern
right-of-way line of Castle Street, to a point of intersection
with the northern boundary of Lot 50, Block 1774, which is
the southern right-of-way line of a five-foot alley; thence
running in an easterly direction and binding on the southern
right-of-way line of said five-foot alley, to a point of inter-
section with the eastern boundary of Lot 47, Block 1774;
thence running in a southerly direction and binding on the
eastern boundary of said Lot 47, to a point of intersection
with the northern right-of-way line of Eastern Avenue;
thence running in an easterly direction and binding on the
northern right-of-way line of said Eastern Avenue, to a
point of intersection with the western right-of-way line of
Chester Street, continuing in a straight line crossing said
Chester Street to a point of intersection with the eastern
right-of-way line of Chester Street; thence running in a
southerly direction and binding on the eastern boundary
of Chester Street, crossing Eastern Avenue to a point of
intersection with the northern right-of-way line of Fleet
Street; thence running in an easterly direction and binding
on the northern right-of-way line of said Fleet Street, to a
point of intersection with an extended straight line of the
northeastern right-of-way line of Essex Street; thence run-
ning in a southeasterly direction crossing Fleet Street, Pat-
terson Park Avenue, Foster Avenue, and Montford Avenue,
and binding on the northeastern right-of-way line of said
Essex Street, to a point of intersection with the eastern
right-of-way line of said Montford Avenue ; thence running
in a southerly direction, and binding on the eastern right-
of-way line of Montford Avenue, crossing Fait Street, to
a point of intersection with the northern right-of-way line
of Hudson Street, which is the northeastern right-of-way
line of Boston Street; thence running in a southeasterly
direction and binding on the northeastern right-of-way line
of said Boston Street, crossing Hudson Street, to a point of

458 ORDINANCES Ord. No. 1041

intersection with an extended straight line from the eastern
right-of-way line of Luzerne Avenue; thence running in a
southwesterly direction, on an imaginary line, 90 degrees
to Boston Street, crossing the northwest branch bulkhead,
continuing southwesterly along said imaginary straight
line, to a point formed by the intersection of an extended
straight line of the western right-of-way line of Thames
Street and said bulkhead; thence running in a NORTH-
northeasterly direction from said point and along said
extended straight line, binding on said straight line and
the western right-of-way line of said Thames Street, to a
point of intersection with the southern right-of-way line
of Philpot Street; thence running in a west-northwesterly
direction, and binding on the southern right-of-way line
of said Philpot Street, to a point of intersection with the
western right-of-way line of Wills Street; thence running
in a north-northeasterly direction, and binding on the
western right-of-way line of said Wills Street, to a point
of intersection with the northern right-of-way line of Dock
Street; thence running in an easterly direction, and bind-
ing on the northern right-of-way line of Dock Street, to a
point of intersection with the western right-of-way line of
South Caroline Street; thence running in a northerly di-
rection and binding on the western right-of-way line of
said South Caroline Street, crossing Lancaster Street,
Aliceanna Street, Fleet Street, Eastern Avenue and Bank
Street, to the point of beginning.

PROVIDED, HOWEVER, THAT NOTWITHSTAND-
ING THE PROVISIONS HEREINABOVE IN THIS SEC-
TION, THE FOLLOWING PROPERTY IS EXCLUDED
FROM AND NOT INCLUDED IN THE DESCRIBED

AREA:

BEGINNING FOR THE SAME AT A POINT FORMED
BY THE INTERSECTION OF THE NORTHERN
RIGHT-OF-WAY LINE OF LANCASTER STREET AND
THE EASTERN RIGHT-OF-WAY OF REGESTER
STREET THENCE RUNNING IN A NORTHERLY DI-
RECTION AND BINDING ON SAID RIGHT-OF-WAY
LINE OF REGESTER STREET, CROSSING ALICE-
ANNA STREET AND CONTINUING IN A NORTH-
ERLY DIRECTION TO A POINT OF INTERSECTION

ORDINANCES 459

WITH THE COMMON PROPERTY LINE OF 1718
ALICEANNA STREET AND 619 S. REGESTER
STREET; THENCE RUNNING IN AN EASTERLY DI-
RECTION AND BINDING ON THE NORTHERN
PROPERTY LINES OF THE PROPERTIES FACING
ALICEANNA STREET IN BLOCK 1628 TO A POINT
OF INTERSECTION TO THE EASTERN RIGHT-OF-
WAY LINE OF ANN STREET; THENCE CONTINU-
ING IN A STRAIGHT LINE AND CROSSING SAID
ANN STREET TO A POINT OF INTERSECTION WITH
THE EASTERN RIGHT-OF-WAY LINE; THENCE
RUNNING IN A SOUTHERLY DIRECTION AND
BINDING ON THE EASTERN RIGHT-OF-WAY LINE
OF SAID ANN STREET TO A POINT OF INTERSEC-
TION WITH THE NORTHERN RIGHT-OF-WAY LINE
OF ALICEANNA STREET; THENCE RUNNING IN
AN EASTERLY DIRECTION AND BINDING ON SAID
RIGHT-OF-WAY LINE OF ALICEANNA STREET
CROSSING DURHAM STREET TO A POINT OF IN-
TERSECTION WITH THE EASTERN RIGHT-OF-WAY
1 LINE OF DURHAM STREET; THENCE RUNNING
IN A NORTHERLY DIRECTION TO A POINT OF
INTERSECTION WITH THE COMMON PROPERTY
LINE OF 1816 ALICEANNA STREET AND 625 S.
DURHAM STREET, THENCE RUNNING IN AN EAST-
ERLY DIRECTION AND BINDING ON THE NORTH-
ERN PROPERTY LINES OF THE PROPERTIES FAC-
ING ALICEANNA STREET IN BLOCK 1829 CROSSING
WOLFE STREET TO A POINT OF INTERSECTION
WITH THE EASTERN RIGHT-OF-WAY OF SAID
WOLFE STREET, THENCE CONTINUING IN AN
EASTERLY DIRECTION AND BINDING ON THE
NORTHERN PROPERTY LINE OF PROPERTY FAC-
ING ALICEANNA STREET IN BLOCK 1830 TO A
POINT OF INTERSECTION WITH THE WESTERN
RIGHT-OF-WAY LINE OF WASHINGTON STREET;
THENCE RUNNING IN A SOUTHERLY DIRECTION
AND BINDING ON RIGHT-OF-WAY LINE OF SAID
WASHINGTON STREET TO A POINT OF INTERSEC-
TION WITH THE NORTHERN RIGHT-OF-WAY LINE
OF ALICEANNA STREET CROSSING ALICEANNA
STREET AND CONTINUING TO BIND ON SAID
WESTERN RIGHT-OF-WAY LINE TO A POINT OF

460 ORDINANCES Ord. No. 1041

INTERSECTION WITH THE SOUTHERN PROPERTY
LINE OF 702 S. WASHINGTON STREET; THENCE
RUNNING IN A WESTERLY DIRECTION ON SAID
SOUTHERN PROPERTY LINE AND CONTINUING
ON AN EXTENDED STRAIGHT LINE TO A POINT
OF INTERSECTION WITH THE EASTERN RIGHT-
OF-WAY LINE OF WOLFE STREET CONTINUING
IN A STRAIGHT LINE CROSSING WOLFE STREET
TO A POINT OF INTERSECTION WITH THE WEST-
ERN RIGHT-OF-WAY LINE OF SAID WOLFE
STREET; THENCE RUNNING IN A SOUTHERLY
DIRECTION AND BINDING ON SAID WESTERN
RIGHT-OF-WAY LINE TO A POINT OF INTERSEC-
TION WITH THE NORTHERN RIGHT-OF-WAY LINE
OF LANCASTER STREET, THENCE RUNNING IN A
WESTERLY DIRECTION AND BINDING ON SAID
NORTHERN RIGHT-OF-WAY LINE CROSSING DUR-
HAM STREET AND ANN STREET TO THE POINT
OF BEGINNING.

Sec. 3. And be it further ordained, That it may be neces-
sary to acquire, by purchase or by condemnation, the fee
simple interest or any lesser interest in and to certain prop-
erties, together with all right, title, interest, and estate that
the owner or owners of said property interests may have in
all streets, alleys, ways or lanes, public or private, both
abutting the whole area described and/or contained within
the perimeter of said area, situate in Baltimore City, Mary-
land, PROVIDED THAT SAID PROPERTIES OR POR-
TIONS THEREOF ARE NOT DEEMED NECESSARY
BY THE DIRECTOR OF THE DEPARTMENT OF PUB-
LIC WORKS FOR HIGHWAY PURPOSES, and described
as follows:

2327-35 BOSTON STREET
2337 BOSTON STREET
2339-55 BOSTON STREET
2357-59 BOSTON STREET

811 17 St Carolino Stro o t

817-19 S. Dallas Street
821-25 S. Dallas Street
827 S. Dallas Street

ORDINANCES 461

811-17 S. CAROLINE STREET

1714 Thames Street
1804 Thames Street
1832 Thames Street

Sec. 4. And be it further ordained, That it may be neces-
sary to acquire, by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser
interest in and to such of the remaining properties or por-
tions thereof, together with all right, title, interest, and
estate that the owner or owners of said property interests
may have in all streets, alleys, ways, or lanes, public or
private, both abutting the whole area described and/or con-
tained within the perimeter of said area in Fells Point not
specifically designated for acquisition in Section 3 of this
ordinance, as may be deemed necessary and proper by the
Commissioner of the Department of Housing and Com-
munity Development to effect the proper implementation of
the project. These properties may include:

(b) any property the owner of which is unablo Q¥
unwilling to comply or conform to the codes and ordinances
of Baltimore City within 12 months from the date of written
notice of the required improvements; the Department of
Housing and Community Development, after due considera-
tion that the property owner has failed WILLFULLY
REFUSED to achieve substantial conformity with the
HOUSING, HEALTH, ZONING, BUILDING AND FIRE
codes and ordinances of Baltimore City, may acquire such
property pursuant to the Eminent Domain Law of this
State as if the property had originally been planned for
acquisition after 90 days written notice to the owner. The
Department of Housing and Community Development re-
serves the right to acquire any such non-complying prop-
erty for a period of two (2) years from the date of said
written 90 days notice by the Department of Housing and
Community Development.

462 ORDINANCES Ord. No. 1041

SEC. 5. AND BE IT FURTHER ORDAINED, THAT
IT MAY BE NECESSARY TO ACQUIRE BY PUR-
CHASE OR BY CONDEMNATION, FOR URBAN RE-
NEWAL PURPOSES, THE FEE SIMPLE INTEREST
OR ANY LESSER INTEREST IN AND TO SUCH OF
THE REMAINING PROPERTIES OR PORTIONS
THEREOF, TOGETHER WITH ALL RIGHT, TITLE,
INTEREST, AND ESTATE THAT THE OWNER OR
OWNERS OF SAID PROPERTY INTERESTS MAY
HAVE IN ALL STREETS, ALLEYS, WAY, OR LANES,
PUBLIC OR PRIVATE, ABUTTING SAID PROPER-
TIES IN FELLS POINT NOT DESIGNATED FOR AC-
QUISITION IN ADDITION TO THOSE PROPERTIES
ENUMERATED IN SECTION 3 AND 4 OF THIS OR-
DINANCE, IN ORDER TO CARRY OUT REHABILI-
TATION BY THE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT BECAUSE:

(A) REHABILITATION ON A STRUCTURE-BY-
STRUCTURE BASIS IS INFEASIBLE AND ASSEM-
BLAGE OF A GROUP OF PROPERTIES IS REQUIRED
TO CARRY OUT THE OBJECTIVES SET FORTH IN
THE PLAN; OR

(B) REHABILITATION OF INDIVIDUAL SCAT-
TERED PROPERTIES IS NECESSARY IN ORDER TO
REMOVE BLIGHTING INFLUENCES FROM OTHER-
WISE SOUND RESIDENTIAL BLOCKS.

Seer £* And b# it further ordained, That it may be nooos -
sa?y te acquire, by purchaso Q¥- by cond e mnation, fe* urban
ronowal purposes, the fee simpl e int e r e st e£ any lessor im
torost in and te sueh ef the remaining prop e rties er- pe*-
tions ther e of, together with all right, titlo, intorost, and es-
tate that the own e r er- own e r s ef said prop e rty intorosts
may have in all streets, allos^s, ways, er- lanes, public er-
private, abutting said properties in Foil s Point net dosig
natod fer- acquisition in addition te those properties enu-
merated in Sections 3 ami 4 ef this ordinance, in ordor te
carry eut rehabilitation by the Department el Housing and
Community Dovolopmont bocauso;

4a^ it is necessary te make residential structures avail-
able fer- use fer- lew- and moderate income famili e s; er-

ORDINANCES 463

4k)- rohabilitation o» a structure by structure ba s is is
infoasibl e a»4 assemblage of a group of proportios is ¥&-
quired to carry out the objectives set forth m the Plan; or

4o)- rohabilitation of individual, scattored proportios is
nocossary m ordor to remove blighting influenc e s from
othorwiso sound residential blocks*

Sec. 6. And be it further ordained, That upon acquisition
of the properties mentioned in Sections 4 and 5 of this
ordinance, the Department of Housing and Community De-
velopment will either:

(a) demolish the structure or structures thereon and
dispose of the land for redevelopment for uses in accordance
with the Plan; or

(b) sell or lease the property subject to rehabilitation
in conformance with the codes and ordinances of Baltimore
City; or

(c) rehabilitate the property in conformance with the
codes and ordinances of Baltimore City and dispose of the
property in accordance with the applicable regulations. If
sale cannot be consummated by the time rehabilitation is
accomplished, the property may be rented pending con-
tinuing sale efforts.

Sec. 7. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the Board
of Estimates, in the exercise of the power vested in it by
Article V, Section 5, of the Baltimore City Charter, may
hereafter from time to time designate, is or are authorized
to acquire on behalf of the Mayor and City Council of Bal-
timore and for the purposes described in this ordinance, the
fee simple interest or any lesser interest in and to the prop-
erties or portions thereof hereinabove mentioned. If the
Real Estate Acquisition Division of the Department of the
Comptroller, or such person or persons and in such manner
as the Board of Estimates, in the exercise of the power
vested in it by Article V, Section 5 of the Baltimore City
Charter, may hereafter from time to time designate, is or
are unable to agree with the owner or owners on the pur-

464 ORDINANCES Ord. No. 1041

chase price for said properties or portions thereof, it or
they shall forthwith notify the City Solicitor of Baltimore
City, who shall thereupon institute in the name of the
Mayor and City Council of Baltimore the necessary legal
proceedings to acquire by condemnation the fee simple in-
terest or any lesser interest in and to said properties or
portions thereof.

Sec. 8. And be it further ordained, That it is necessary to
expand the area of review by the Department of Housing
and Community Development of plans for new construc-
tion, exterior rehabilitation, and change in use of certain
properties; therefore, Section 4 of Ordinance No. 999, dated
October 14, 1975, is hereby amended to read as follows:

All plans for new construction (including parking lots),
exterior rehabilitation, [demolition,] and change in use of
any property [in the Fells Point area, excepting all prop-
erties located north of Fleet Street and those properties
fronting on the south side of Fleet Street,] not to be
acquired under the provisions vf the Plan shall be sub-
mitted to the Department of Housing and Community De-
velopment for review. [Such review shall be concerned with,
but not necessarily limited to, urban design standards, site
planning, architectural treatment, materials and color,
signs, parking, loading, landscaping, and building plans,
elevations, and construction or rehabilitation details.] Only
upon finding that the proposed plans are consistent with the
objectives [stated in this ordinance,] of the Urban Reneival
Plan shall the Commissioner of the Department of Housing
and Community Development [shall] authorize the proc-
essing of the plans for issuance of [the necessary] a build-
ing permit. The provisions of this section are in addition to
and not in lieu of all other applicable laws and ordinances
relating to netv construction.

Sec. 9. And be it further ordained, That all applications
for demolition permits shall be submitted to the Depart-
ment of Housing and Community Development for review
and approval. Upon finding that the proposed demolition is
consistent with the objectives of the Urban Renewal Plan,
the Commissioner of the Department of Housing and Com-
munity Development shall authorize the issuance of the

ORDINANCES 465

necessary permit. If the Commissioner finds that the pro-
posal is inconsistent with the objectives of the Urban Re-
newal Plan and therefore denies the issuance of the permit,
he shall, within 90 days of such denial, seek approval of
the Board of Estimates to acquire for and on behalf of the
Mayor and City Council of Baltimore the property, in whole
or in part, on which said demolition was to have occurred,
by purchase, lease, condemnation, gift or other legal means
for the renovation, rehabilitation and disposition thereof.
In the event that the Board of Estimates does not authorize
the acquisition, the Commissioner shall, without delay, issue
the demolition permit.

Sec. 10. And be it further ordained, That it is necessary
to revise the language regarding procedures for changes in
the approved Urban Renewal Plan; therefore, Section 5 of
Ordinance No. 999, dated October 14, 1975, is hereby
amended to read as follows:

The Department of Housing and Community Development
shall submit to the [Fells Point Planning Council] Project
Area Committee, or its successor, for its review and com-
ment, all proposed amendments to the Urban Renewal Plan
no later than the time the proposed amendments are sub-
mitted to the [City Planning Commission] Director of the
Department of Planning by the Department of Housing and
Community Development. The written comments and recom-
mendations shall be transmitted to the Department of
Housing and Community Development no later than three
(3) weeks after they have been submitted to the [Fells
Point Planning Council] Project Area Committee, or its
successor; otherwise, it is presumed the changes are satis-
factory. Prior to passage of any ordinance amending the
Urban Renewal Plan, a public hearing shall be held and the
[Fells Point Planning Council] Project Area Committee, or
its successor, shall receive at least ten (10) days prior to
such hearing, written notice of the time and place of such
hearing. With respect to any land in the project area previ-
ously disposed vf by the City for use in accordance with the
Urban Renewal Plan, the then owner of such land, whose
interests therein are materially affected by such changes,
shall receive at least ten (10) days prior to such hearing
written notice of the time and place of such hearing and

466 ORDINANCES Ord. No. 1041

information as to where a copy of the proposed amendments
may be inspected.

Sec. 11. And be it further ordained, That over and above
the codes and ordinances of the City of Baltimore, the fol-
lowing additional standards shall be applied to all prop-
erties within the project area, whether occupied or vacant,
other than those to be acquired for clearance. The Commi s-
sioner o£ the Department of Housing a»4 Community De-
volopmont shall set approve ap permits which are set
consistent with these s tandard s .

At Objectives

The physical character of Foils Point repres e nts a uniqu e
combination of varying periods an4 styl e s of architocturo
that are desirable to prosorvo a»4 enhance.

The following rehabilitation standards fog the Foils Point
Urban Ronowal Area are propos e d with objoctivos so as te4

4t consorvo the original de s ign characteristics of the
buildings;

2t pr e v e nt f urthor deterioration aa4 physical doclino of
structures;

&r insure that decisions regarding repairs, alterations
a»4 improvements e» individual buildings ape mado within
the context of an- entire block facado;

4r croato a balance botwoon individual structures aa4 a
harmonious block facado;

5r renovate non - residential structures b e ing used as
residences to be complementing to the r e sidential struc -
tures, with e mphasis being placod on- onhancing the resi-
dential charactor of the neighborhood; an4

& insure that contemporary improvements a»4 signs 4o
not detract from the original ovorall historic charaetor of
the buildings.

&r A. Residential, Retail Commercial, Wholesale Service
Commercial, and Industrial Rehabilitation Standards

Permits shall not be issued for modifications to properties
in the project area unless the modifications conform to the
following standards; STANDARDS DESCRIBED BE-

ORDINANCES 467

LOW. EXISTING MATERIALS ON BUILDING FA-
CADES MAY REMAIN UNTIL THE PROPERTY OWN-
ER CHOOSES TO ALTER THE FACADE, OR A POR-
TION THEREOF. THE STANDARDS LISTED BELOW
SHALL APPLY ONLY TO THE PORTION OF THE
FACADE BEING ALTERED. HOWEVER, THE COM-
MISSIONER OF THE DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT MAY WAIVE
COMPLIANCE WITH ONE OR MORE OF THESE
STANDARDS IF THE PROPOSED IMPROVEMENTS
DO NOT ADVERSELY AFFECT THE REHABILITA-
TION OBJECTIVES FOR THE FELLS POINT URBAN
RENEWAL AREA.

1. DEFINITIONS

A. "ORIGINAL ARCHITECTURE": A BUILDING
HAVING BEEN CONSTRUCTED DURING ONE OF
THE FOLLOWING STYLE PERIODS :

(I) EARLY FEDERAL (1781-1795)

(II) LATE FEDERAL (1795-1830)

(III) GREEK REVIVAL (1830-1850)

(IV) VICTORIAN (1850-1900)

(V) TWENTIETH CENTURY (SINCE 1900)

B. "CONSISTENT/HARMONIOUS WITH THE
ORIGINAL DESIGN, SCALE OR CHARACTER":

IN ACCORDANCE WITH THE GENERALIZED DE-
SCRIPTION CONTAINED IN APPENDIX D OF THE
URBAN RENEWAL PLAN FOR FELLS POINT, EX-
CEPT THAT FOR THE TWENTIETH CENTURY
STYLE PERIOD THE DESIGN ADVISORY PANEL
SHALL DETERMINE THE CONSISTENCY.

4t 2. Building Facades

sl. Building facades shall be cleaned, repointed, repaired
or replaced in a workmanlike manner to match as closely
as possible the original materials and construction of the
building;

468 ORDINANCES Ord. No. 1041

b. Painted masonry walls shall have loose material re-
moved. If painted, a single color shall be used except for
trim (cornice, window frames, doors, etc.), which may be
of another color. Patched walls shall match the existing
adjacent surfaces as to material, color, bond and pointing;

c. Original architectural appointments, including, but
not limited to, lintels, sills, facias, FASCIAS, cornices,
eaves, dormers, chimneys, and original pitched roofs shall
be restored or replaced to match as closely as possible the
original patterns. All exposed wood shall be painted or
stained, or otherwise treated for protection ;

d. Enclosures or security grilles and screens should be
as inconspicuous as possible and compatible with other ele-
ments of the facades ;

e. Resurfacing of existing brick facades with materials
such as formstone, wood siding, structural glass veneer,
aluminum siding, etc. shall not be permitted. When re-
tained, painting of existing formstone facades will be
encouraged ;

f. Existing miscellaneous elements on the building
fronts, such as empty electrical or other conduits, unused
sign brackets, etc., shall be eliminated; and

g. Side walls, where visible from a public street, shall
be finished or painted so as to harmonize with the front of
the building*;

H. OWNERS 0£ RECORD AT THE DATE OF £AS-
SAOE OF THJS ORDINANCE MAY RETAIN, RE-
PLACE OR REPAIR EXISTING FORMSTONE FA-
CADES ON THEIR BUILDINGS.

2t 3. Windows

a. Original window and door openings shall be retained
and restored. Window styles are to be in conformance with
the original design of the window style for the building
facade;

b. Show windows, where existing on buildings used as
residences, shall be rehabilitated so as to be compatible with
the original architectural character of the structure;

ORDINANCES 469

c. Solid or permanently enclosed or covered storefronts
and windows shall not be permitted, except when approved
by the Fire Department and the Commissioner of the De-
partment of Housing and Community Development. In such
cases where approval has been obtained, sills, lintels, and
frames must be removed and the opening closed to match
the material, design and finish of the adjacent wall;

d. Show windows, entrances, signs, lighting, security
grilles, etct shall be compatible, harmonious and consistent
with the original scale and character of the structure;

e. All screens and grilles protecting entrances and show
windows must be constructed so they can be fully opened
or removed. Such screens and grilles shall be opened or re-
moved during the normal business hours of that business;

f. Enclosures and housings for security grilles and
screens shall be as inconspicuous as possible, and compatible
with other elements of the facade;

g. Show windows shall not be painted for advertising
purposes, but may be painted for authorized identification
of the place of business when authorized by the Commis-
sioner of the Department of Housing and Community De-
velopment; and

h. No temporary or permanent sign affixed or placed
against the inside surface of a show window shall exceed
20 % of the area of that show window.

& 4. Roofs

Any mechanical equipment placed on a roof shall be lo-
cated and treated so as to be as inconspicuous as possible.

4t 5. Signs

a. Only signs identifying the business name or the use
of the property where they are installed shall be permitted.
Advertising by material or product manufacturers and sup-
pliers shall not be permitted. No billboards or outdoor ad-
vertising of any kind shall be permitted.

b. Roof top signs, signs above the parapet of the build-
ing, flashing signs or moving signs, except barber poles,
shall not be permitted.

470 ORDINANCES Ord. No. 1041

c. Flat signs placed parallel to the building face shall
not exceed two square feet of area for every linear foot of
frontage.

d. One projecting sign shall be permitted for each es-
tablishment provided it is perpendicular to the building
face. No projecting sign shall exceed four square feet in
area and shall be placed no higher than the bottom of the
second story window where windows exist or 14 feet above
grade level, whichever is lower.

Qt B. Wholesale/ Service Commercial and Industrial Re-
habilitation Standards

In areas designated as Wholesale/Service Commercial or
Industrial on the Land Use Plan Map, Exhibit 2, the fol-
lowing modifications shall apply to the Rehabilitation
Standards in Br A., above.

1. Outdoor storage areas and loading areas shall be ap-
propriately screened from all adjacent streets. Appropriate
screening shall include, but is not necessarily limited to,
solid and perforated masonry walls at least five feet six
inches in height, solid fences and trees, and shrubs planted
at appropriate intervals, or a combination of these;

2. Windows in the front of buildings, with Fire Depart-
ment approval may be closed provided the sills and frames
are removed and the opening is properly closed to match
the material, design and finish of the adjacent wall. Per-
manent grilles and screens are permitted; and

3. One or more signs shall be permitted for the identifi-
cation of delivery entrances. Each delivery sign shall be not
more than six square feet in area.

Sec. 12. And be it further ordained, That any person vio-
lating any of the provisions of Section 11 of this ordinance
shall be guilty of a misdemeanor and shall be subject to a
fine not exceeding One Hundred Dollars ($100.00) and that
each day's violation shall constitute a separate offense.

Sec. 13. And be it further ordained, That the approval of
Amendment No. 3 to the Urban Renewal Plan for Fells
Point shall not be construed as an enactment of such amend-

ORDINANCES 471

ments to the Zoning Ordinance as are proposed in said
Urban Renewal Plan.

Sec. 14. And be it further ordained, That in selling or
otherwise disposing of property in the Fells Point area, the
Department of Housing and Community Development shall
require that the developers agree in writing not to dis-
criminate in the sale, lease, use or occupancy of the prop-
erty developed by them against any person because of race,
creed, color, sex, or national origin.

Sec. 15. And be it further ordained, That in whatever
respect, if any, the Renewal Plan approved hereby for the
Fells Point area may not meet the requirements as to the
content of a renewal plan or the procedure for the prepara-
tion, adoption, and approval of renewal plans as provided in
Ordinance No. 152, approved June 28, 1968, and Ordinance
No. 325, approved May 31, 1977, the said requirements are
hereby waived and the amended Renewal Plan approved
hereby is exempted therefrom.

Sec. 16. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause, sen-
tence, paragraph, section or part in or of this ordinance or
the application thereof to any person or circumstances is
invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall
not be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the applica-
tion thereof so held invalid.

Sec. 17. And be it further ordained, That in any case
where a provision of this ordinance concerns the same sub-
ject matter as an existing provision of any zoning, building,
electrical, plumbing, health, fire or safety code or regula-
tion, the applicable provisions concerned shall be construed
so as to give effect to each; provided, however, that if such
provisions are found to be in irreconcilable conflict, the pro-
vision which establishes the higher standard for the pro-
motion of the public health and safety shall prevail. In any

472 ORDINANCES Ord. No. 1042

case where a provision of this ordinance is found to be in
conflict with an existing provision of any other ordinance or
code or regulation in force in the City of Baltimore which
establishes a lower standard for the promotion and protec-
tion of the public health and safety, the provision of this
ordinance shall prevail, and the other existing provision of
such other ordinance or code or regulation is hereby re-
pealed to the extent that it may be found in conflict with
this ordinance.

Sec. 18. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved June 4, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1042
(Council No. 1923)

An Ordinance granting permission to Loyola Federal Sav-
ings and Loan Association for the establishment, main-
tenance and operation of an open area for the parking
of motor vehicles on the property bound by West Preston
Street on the south, Maryland Avenue on the west, first
alley south of Mt. Royal Avenue on the north, and
Morton Street on the east, as outlined in red on the plats
accompanying this ordinance, under the provisions of
Section 9.0-3d of Article 30 of the Baltimore City Code
(1976 Edition), title "Zoning" concerning parking lot
districts.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission be and the same is hereby
granted to Loyola Federal Savings and Loan Association
for the establishment, maintenance and operation of an
open area for the parking of motor vehicles on the prop-
erty bound by West Preston Street on the south, Maryland
Avenue on the west, first alley south of Mt. Royal Avenue
on the north, and Morton Street on the east, as outlined

ORDINANCES 473

in red on the plats accompanying this ordinance, under
the provisions of Section 9.0-3d of the Baltimore City Code
(1976 Edition) title "Zoning", concerning parking lot
districts.

Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat, and when the Mayor approves the
ordinance, he shall sign the plat. The City Treasurer shall
then transmit a copy of the ordinance and one of the plats
to the following: The Board of Municipal and Zoning Ap-
peals, the Planning Commission, the Commissioner of the
Department of Housing and Community Development, the
Commissioner of Transit and Traffic, and the Zoning
Administrator.

Sec. 3. And be it further ordained, That the provisions
of the aforesaid Section 9.0-3d of Article 30 of the Balti-
more City Code (1976 Edition), title "Zoning" shall be
fully complied with.

Sec. 4. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved June 14, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1043
(Council No. 2273)

An Ordinance to condemn and open, certain streets and
alleys or portions thereof lying within the area of the
Upton Urban Renewal Project in accordance with a plat
thereof numbered, 312-A-6, prepared by the Surveys
and Records Division and filed in the Office of the De-
partment of Public Works, on the Thirtieth (30th) day
of January, 1979, and now on file in said office.

474 ORDINANCES Ord. No. 1043

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn,
open, certain streets and alleys or portions thereof lying
within the area of the Upton Urban Renewal Project the
streets and alleys hereby directed to be condemned for
said opening being described as follows:

Sheet 1 of 2 comprising certain streets and alleys lying
within the area bounded by Pitcher Street, Argyle Avenue,
Mosher Street and Fremont Avenue said streets and alleys
are numbered from one to twenty-one on said Sheet 1 and
described as follows:

1. An alley, 3 feet wide, laid out 61 feet northwest of
Mosher Street and extending from Myrtle Avenue, South-
westerly 16 feet, more or less, to the southwest outline of
the property known as No. 1502/04 Myrtle Avenue and
designated as Parcel No. 1.

2. An alley, 3 feet wide, laid out 92.83 feet northwest
of Mosher Street and extending from Myrtle Avenue,
Southwesterly 88 feet, more or less, to Fremont Avenue
and designated as Parcel No. 2.

3. Myrtle Avenue, Beginning for the same at the point
formed by the intersection of the southwest side of Myrtle
Avenue, as now laid out 66 feet wide and the northwest
side of Mosher Street, as now laid out 66 feet wide, and
running thence binding on the southwest side of said
Myrtle Avenue, Northwesterly 264 feet, more or less, to
the south side of Myrtle Avenue, as now laid out varying
in width; thence binding on the south side of last said
Myrtle Avenue, Westerly 24 feet, more or less, to inter-
sect the northeast side of Fremont Avenue, as now laid
out 66 feet wide; thence binding on the northeast side of
said Fremont Avenue, Northwesterly 220 feet, more or
less, to intersect the southeast side of Pitcher Street, as
now laid out 66 feet wide; thence binding on the southeast
side of said Pitcher Street, Northeasterly 6 feet, more or
less, to the northeast side of last said Myrtle Avenue;
thence binding in part on the northeast side of last said
Myrtle Avenue, in part on the northeast side of Myrtle
Avenue, mentioned firstly herein, and in all, Southeasterly
486 feet, more or less, to intersect the northwest side of

ORDINANCES 475

said Mosher Street and thence binding on the northwest
side of said Mosher Street, Southwesterly 66 feet to the
place of beginning and designated as Parcel No. 3.

4. An alley, 3 feet wide, laid out 36.25 feet northeast
of Myrtle Avenue and extending from Mosher Street,
Northwesterly 58 feet, more or less, to the end thereof
and designated as Parcel No. 4.

5. An alley, 2.5 feet wide, beginning at a point on the
southwest side of Shields Place at the distance of 60.83
feet northwesterly, measured along the southwest side of
Shields Place from Mosher Street and extending from
Shields Place, Southwesterly 40 feet, more or less, to the
end thereof and designated as Parcel No. 5.

6. Shields Place, 20 feet wide, extending from Mosher
Street, Northwesterly 144 feet, more or less, to Smithson
Street and designated as Parcel No. 6.

7. An alley, 5 feet wide, beginning at a point on the
southwest side of Argyle Avenue at the distance of 70 feet
northwesterly, measured along the southwest side of Ar-
gyle Avenue from Mosher Street and extending from
Argyle Avenue, Southwesterly 140 feet, more or less, to
Shields Place and designated as Parcel No. 7.

8. An alley, 2 feet wide, laid out 53.58 feet southwest
of Argyle Avenue and extending from Smithson Street,
Southeasterly 65 feet, more or less, to the end thereof and
designated as Parcel No. 8.

9. Smithson Street, 33 feet wide, extending from Ar-
gyle Avenue, Southwesterly 300 feet, more or less, to
Myrtle Avenue and designated as Parcel No. 9.

10. An alley, 3 feet wide, laid out 43 feet northwest of
Smithson Street and extending from Myrtle Avenue, North-
easterly 141 feet, more or less, to Shields Place and desig-
nated as Parcel No. 10.

11. An alley, 4 feet wide, laid out 56 feet southwest of
Shields Place and extending from the northwest side of a
3 foot alley laid out 43 feet northwest of Smithson Street,
Northwesterly 50 feet, more or less, to the end thereof
and designated as Parcel No. 11.

476 ORDINANCES Ord. No. 1043

12. An alley, 4 feet wide, laid out 46 feet southwest
of Shields Place and extending from the northwest out-
line of the property known as No. 1510/12 Shields Place,
Northwesterly 110 feet, more or less, to the end thereof
and designated as Parcel No. 12.

13. An alley, 3 feet wide, laid out 139 feet southeast
of Pitcher Street and extending from Shields Place, South-
westerly 46 feet, more or less, to the northeast side of a
4 foot alley laid out 46 feet southwest of Shields Place
and designated as Parcel No. 13.

14. An alley, 4 feet wide, laid out 63.83 feet northeast
of Myrtle Avenue and extending from Pitcher Street,
Southeasterly 89 feet, more or less, to the end thereof and
designated as Parcel No. 14.

15. An alley, 5 feet wide, laid out 60 feet southeast of
Pitcher Street and extending from Shields Place, South-
westerly 72 feet, more or less, to the northeast side of a
4 foot alley laid out 63.83 feet northeast of Myrtle Avenue
and designated as Parcel No. 15.

16. Shields Place, 20 feet wide, extending from Pitcher
Street, Southeasterly 317 feet, more or less, to Smithson

Street and designated as Parcel No. 16.

17. An alley, 3.67 feet wide, laid out 71 feet southeast
of Pitcher Street and extending from Shields Place, North-
easterly 60 feet, more or less, to the southwest side of a
4 foot alley laid out 76 feet southwest of Argyle Avenue
and designated as Parcel No. 17.

18. An alley, 4 feet wide, laid out 76 feet southwest
of Argyle Avenue and extending from the northwest side
of a 10 foot alley laid out 133.67 feet southeast of Pitcher
Street, Northwesterly 63 feet, more or less, to the line
of the northwest side of a 3.67 foot alley laid out 71 feet
southeast of Pitcher Street, if projected northeasterly, and
designated as Parcel No. 18.

19. An alley, 10 feet wide, laid out 133.67 feet south-
east of Pitcher Street and extending from Shields Place,
Northeasterly 64 feet, more or less, to the end thereof and
designated as Parcel No. 19.

ORDINANCES 477

20. An alley, 3 feet wide, beginning at a point on the
northwest side of Smithson Street at the distance of 70
feet, more or less, southwesterly, measured along the
northwest side of Smithson Street from Argyle Avenue
and extending from Smithson Street, Northwesterly 173
feet, more or less, to the southeast side of a 10 foot alley
laid out 133.67 feet southeast of Pitcher Street and desig-
nated as Parcel No. 20.

21. An alley, 4 feet wide, laid out 65 feet northwest
of Smithson Street and extending from Shields Place,
Northeasterly 64 feet, more or less, to the southwest side
of a 3 foot alley, there situate, and designated as Parcel
No. 21.

the said streets and alleys as directed to be condemned
being more particularly described and referred to among
the Land Records of Baltimore City and delineated and
particularly shown on a plat numbered 312-A-6 which was
filed in the Office of the Department of Public Works on
the Thirtieth (30th) day of January in the year 1979, and
is now on file in said Office.

Sec. 2. And be it further ordained, That the proceed-
ings of said Department of Public Works, with reference
to the condemnation and opening of said streets and alleys
and the proceedings and rights of all parties interested or
affected thereby, shall be regulated by, and be in accord-
ance with, any and all applicable provisions of Article 4
of the Code of Public Local Laws of Maryland and the
Charter of Baltimore City (1964 Revision) as amended to
July 1, 1973 and any and all amendments thereto, and any
and all other Acts of the General Assembly of Maryland,
and any and all ordinances of the Mayor and City Council
of Baltimore, and any and all rules or regulations in effect
which have been adopted by the Director of Public Works
and filed with the Department of Legislative Reference.

Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved June 14, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

478 ORDINANCES Ord. No. 1044

No. 1044

(Council No. 2274)

An Ordinance to condemn and close certain streets and
alleys or portions thereof lying within the area of the
Upton Urban Renewal Project in accordance with a plat
thereof numbered 312-A-6A, prepared by the Surveys
and Records Division and filed in the Office of the Depart-
ment of Public Works, on the Thirtieth (30th) day of
January, 1979, and now on file in said office.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
and they are hereby authorized and directed to condemn
and close certain streets and alleys or portions thereof lying
within the area of the Upton Urban Renewal Project the
streets and alleys hereby directed to be condemned for said
closing being described as follows :

2. An alley, 3 feet wide, laid out 92.83 feet northwest of
Mosher Street and extending from Myrtle Avenue, South-
westerly 88 feet, more or less, to Fremont Avenue and
designated as Parcel No. 2.

3. Myrtle Avenue, beginning for the same at the point
formed by the intersection of the southwest side of Myrtle
Avenue, as now laid out 66 feet wide and the northwest
side of Mosher Street, as now laid out 66 feet wide, and
running thence binding on the southwest side of said Myrtle
Avenue, Northwesterly 264 feet, more or less, to the south
side of Myrtle Avenue, as now laid out varying in width;
thence binding on the south side of last said Myrtle Avenue,
Westerly 24 feet, more or less, to intersect the northeast

ORDINANCES 479

side of Fremont Avenue, as now laid out 66 feet wide;
thence binding on the northeast side of said Fremont
Avenue, Northwesterly 220 feet, more or less, to intersect
the southeast side of Pitcher Street, as now laid out 66 feet
wide; thence binding on the southeast side of said Pitcher
Street, Northeasterly 6 feet, more or less, to the northeast
side of last said Myrtle Avenue ; thence binding in part on
the northeast side of last said Myrtle Avenue, in part on the
northeast w side of Myrtle Avenue, mentioned firstly herein,
and in all, Southeasterly 486 feet, more or less, to inter-
sect the northwest side of said Mosher Street and thence
binding on the northwest side of said Mosher Street, South-
westerly 66 feet to the place of beginning and designated
as Parcel No. 3.

4. An alley, 3 feet wide, laid out 36.25 feet northeast of
Myrtle Avenue and extending from Mosher Street, North-
westerly 58 feet, more or less, to the end thereof and desig-
nated as Parcel No. 4.

5. An alley, 2.5 feet wide, beginning at a point on the
southwest side of Shields Place at the distance of 60.83 feet
northwesterly, measured along the southwest side of
Shields Place from Mosher Street and extending from
Shields Place, Southwesterly 40 feet, more or less, to the
end thereof and designated as Parcel No. 5.

6. Shields Place, 20 feet wide, extending from Mosher
Street, Northwesterly 144 feet, more or less, to Smithson
Street and designated as Parcel No. 6.

7. An alley, 5 feet wide, beginning at a point on the
southwest side of Argyle Avenue at the distance of 70 feet
northwesterly, measured along the southwest side of Argyle
Avenue from Mosher Street and extending from Argyle
Avenue, Southwesterly 140 feet, more or less, to Shields
Place and designated as Parcel No. 7.

8. An alley, 2 feet wide, laid out 53.58 feet southwest of
Argyle Avenue and extending from Smithson Street, South-
easterly 65 feet, more or less, to the end thereof and desig-
nated as Parcel No. 8.

9. Smithson Street, 33 feet wide, extending from Argyle
Avenue, Southwesterly 300 feet, more or less, to Myrtle
Avenue and designated as Parcel No. 9.

480 ORDINANCES Ord. No. 1044

10. An alley, 3 feet wide, laid out 43 feet northwest of
Smithson Street and extending from Myrtle Avenue, North-
easterly 141 feet, more or less, to Shields Place and desig-
nated as Parcel No. 10.

11. An alley, 4 feet wide, laid out 56 feet southwest of
Shields Place and extending from the northwest side of a

3 foot alley laid out 43 feet northwest of Smithson Street,
Northwesterly 50 feet, more or less, to the end thereof and
designated as Parcel No. 11.

12. An alley, 4 feet wide, laid out 46 feet southwest of
Shields Place and extending from the northwest outline of
the property known as No. 1510/12 Shields Place, North-
westerly 110 feet, more or less, to the end thereof and desig-
nated as Parcel No. 12.

13. An alley, 3 feet wide, laid out 139 feet southeast of
Pitcher Street and extending from Shields Place, South-
westerly 46 feet, more or less, to the northeast side of a 4
foot alley laid out 46 feet southwest of Shields Place and
designated as Parcel No. 13.

14. An alley, 4 feet wide, laid out 63.83 feet northeast of
Myrtle Avenue and extending from Pitcher Street, South-
easterly 89 feet, more or less, to the end thereof and desig-
nated as Parcel No. 14.

15. An alley, 5 feet wide, laid out 60 feet southeast of
Pitcher Street and extending from Shields Place, South-
westerly 72 feet, more or less, to the northeast side of a

4 foot alley laid out 63.83 feet northeast of Myrtle Avenue
and designated as Parcel No. 15.

16. Shields Place, 20 feet wide, extending from Pitcher
Street, Southeasterly 317 feet, more or less, to Smithson
Street and designated as Parcel No. 16.

17. An alley, 3.67 feet wide, laid out 71 feet southeast of
Pitcher Street and extending from Shields Place, North-
easterly 60 feet, more or less, to the southwest side of a 4
foot alley laid out 76 feet southwest of Argyle Avenue
and designated as Parcel No. 17.

18. An alley, 4 feet wide, laid out 76 feet south west of
Argyle Avenue and extending from the northwest side

ORDINANCES 481

of a 10 foot alley laid out 133.67 feet southeast of Pitcher
Street, Northwesterly 63 feet, more or less, to the line of
the northwest side of a 3.67 foot alley laid out 71 feet south-
east of Pitcher Street, if projected northeasterly, and
designated as Parcel No. 18.

19. An alley, 10 feet wide, laid out 133.67 feet southeast
of Pitcher Street and extending from Shields Place, North-
easterly 64 feet, more or less, to the end thereof and desig-
nated as Parcel No. 19.

20. An alley, 3 feet wide, beginning at a point on the
northwest side of Smithson Street at the distance of 70 feet,
more or less, southwesterly, measured along the northwest
side of Smithson Street from Argyle Avenue and extending
from Smithson Street, Northwesterly 173 feet, more or less,
to the southeast side of a 10 foot alley laid out 133.67 feet
southeast of Pitcher Street and designated as Parcel No. 20.

21. An alley, 4 feet wide, laid out 65 feet northwest of
Smithson Street and extending from Shields Place, North-
easterly 64 feet, more or less, to the southwest side of a 3
foot alley, there situate, and designated as Parcel No. 21.

the said streets and alleys as directed to be condemned
being more particularly described and referred to among
the Land Records of Baltimore City and delineated and par-
ticularly shown on a plat numbered 312-A-6A which was
filed in the Office of the Department of Public Works on the
Thirtieth (30th) day of January, in the year 1979 and is
now on file in the said Office.

Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and appur-
tenances now owned by the Mayor and City Council of
Baltimore, shall be and continue to be the property of the
Mayor and City Council of Baltimore, in fee simple, until
the use thereof shall be abandoned by the Mayor and City
Council of Baltimore, and in the event that any person, firm
or corporation shall first obtain permission and permits
therefor from the Mayor and City Council of Baltimore, and
shall in the application for such permission and permits
agree to pay all costs and charges of every kind and nature
made necessary by such removal, alteration or interference.

482 ORDINANCES Ord. No. 1044

Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordinance
until the subsurface structures and appurtenances now
owned by the Mayor and City Council of Baltimore, over
which said buildings or structures are proposed to be con-
structed or erected shall have been abandoned or shall have
been removed and relaid in accordance with the specifica-
tions and under the direction of the Director of Public
Works of Baltimore City, and at the expense of the person
or persons or body corporate desiring to erect such build-
ings or structures. Railroad tracks shall be taken to be
"structures" within the meaning of this section.

Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and appur-
tenances owned by any person, firm or corporation, other
than the Mayor and City Council of Baltimore, shall upon
notice from the Director of Public Works of Baltimore City,
be promptly removed by and at the expense of the said
owners.

Sec. 5. And be it further ordained, That on and after the
closing of said highway or highways, the said Mayor and
City Council of Baltimore, acting through its duly author-
ized representatives, shall, at all times, have access to said
property and to all subsurface structures and appurte-
nances used by it therein, for the purposes of inspection,
maintenance, repair, alteration, relocation and/or replace-
ment, of any or all of said structures and appurtenances,
and this without permission from or compensation to the
owner or owners of said land.

Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said streets and alleys and the
proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code
of Public Local Laws of Maryland and the Charter of Bal-

ORDINANCES 483

timore City (1964 Revision) as amended to July 1, 1973
and any and all amendments thereto, and any and all other
Acts of the General Assembly of Maryland, and any and all
ordinances of the Mayor and City Council of Baltimore, and
any and all rules or regulations in effect which have been
adopted by the Director of Public Works and filed with the
Department of Legislative Reference.

Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved June 14, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1045
(Council No. 2276)

An Ordinance providing for reserved parking on both sides
of the northbound lane of Hopkins Place from Lombard
Street to Baltimore Street for the use of the Civic Center.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That on both sides of the northbound lane of
Hopkins Place from Lombard Street to Baltimore Street,
parking is reserved for exhibitors, clients, performers, key
personnel and visitors to the Baltimore Civic Center. Every
vehicle parked there shall display a permit issued by the
Executive Director of the Civic Center and approved by the
Commissioner of Transit and Traffic.

Sec. 2. And be it further ordained, That this ordinance
shall take effect 30 days from the date of its passage.

Approved June 14, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

484 ORDINANCES Ord. No. 1046

No. 1046
(Council No. 2286)

An Ordinance to condemn and open, certain streets and
alleys lying within the area bounded by Harford Avenue,
Federal Street, Eden Street, Oliver Street and Central
Avenue and lying within the area of the Oliver Neigh-
borhood Development Program in accordance with a plat
thereof numbered, 313-A-7D, prepared by the Surveys
and Records Division and filed in the Office of the De-
partment of Public Works, on the Ninth (9th) day of
March, 1979, and now on file in said office.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn,
open, certain streets and alleys lying within the area
bounded by Harford Avenue, Federal Street, Eden Street,
Oliver Street and Central Avenue and lying within the
area of the Oliver Neighborhood Development Program the
streets and alleys hereby directed to be condemned for
said opening being described as follows :

1 — Lamont Avenue, 36 feet wide, and extending from
Oliver Street, Northwesterly 200 feet, more or less, to the
east side of Harford Avenue, 78 feet wide, as laid out on
a subdivision plat of Oliver Neighborhood Development
Program and designated as Parcel No. 1.

2 — An alley, 4 feet wide, laid out 70 feet west of Eden
Street and extending from Lamont Avenue, Northerly 42
feet, more or less, to the end thereof and designated as
Parcel No. 2.

the said street and alley as directed to be condemned being
more particularly described and referred to among the
Land Records of Baltimore City and delineated and par-
ticularly shown on a plat numbered 313-A-7D which was
filed in the Office of the Department of Public Works on
the Ninth (9th) day of March in the year 1979, and is now
on file in said Office.

Sec. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to the

ORDINANCES 485

condemnation and opening of said street and alley and the
proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code
of Public Local Laws of Maryland and the Charter of
Baltimore City (1964 Revision) as amended to July 1,
1973 and any and all amendments thereto, and any and all
other Acts of the General Assembly of Maryland, and any
and all ordinances of the Mayor and City Council of Bal-
timore, and any and all rules or regulations in effect which
have been adopted by the Director of Public Works and
filed with the Department of Legislative Reference.

Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved June 14, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1047
(Council No. 2287)

An Ordinance to condemn and close certain streets and
alleys lying within the area bounded by Harford Ave-
nue, Federal Street, Eden Street, Oliver Street and
Central Avenue and lying within the area of the Oliver
Neighborhood Development Program in accordance with
a plat thereof numbered 313-A-7E, prepared by the
Surveys and Records Division and filed in the Office of
the Department of Public Works, on the Ninth (9th)
day of March, 1979, and now on file in said office.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn
and close certain streets and alleys lying within the area
bounded by Harford Avenue, Federal Street, Eden Street,
Oliver Street and Central Avenue and lying within the
area of the Oliver Neighborhood Development Program the

486 ORDINANCES Orel. No. 1047

streets and alleys hereby directed to be condemned for said
closing being described as follows :

1 — Lamont Avenue, 36 feet wide, and extending from
Oliver Street, Northwesterly 200 feet, more or less, to the
east side of Harford Avenue, 78 feet wide, as laid out on a
subdivision plat of Oliver Neighborhood Development Pro-
gram and designated as Parcel No. 1.

2 — An alley, 4 feet wide, laid out 70 feet west of Eden
Street and extending from Lamont Avenue, Northerly 42
feet, more or less, to the end thereof and designated as
Parcel No. 2.

the said street and alley as directed to be condemned being
more particularly described and referred to among the
Land Records of Baltimore City and delineated and par-
ticularly shown on a plat numbered 313-A-7E which was
filed in the Office of the Department of Public Works on
the Ninth (9th) day of March, in the year 1979 and is
now on file in the said Office.

ORDINANCES 487

constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the
specifications and under the direction of the Director of
Public Works of Baltimore City, and at the expense of the
person or persons or body corporate desiring to erect such
buildings or structures. Railroad tracks shall be taken to
be "structures" within the meaning of this section.

Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and
appurtenances owned by any person, firm or corporation,
other than the Mayor and City Council of Baltimore, shall
upon notice from the Director of Public Works of Balti-
more City, be promptly removed by and at the expense of
the said owners.

Sec. 5. And be it further ordained, That on and after
the closing of said highway or highways, the said Mayor
and City Council of Baltimore, acting through its duly
authorized representatives, shall, at all times, have access
to said property and to all subsurface structures and ap-
purtenances used by it therein, for the purposes of inspec-
tion, maintenance, repair, alteration, relocation and/or
replacement, of any or all of said structures and appur-
tenances, and this without permission from or compensa-
tion to the owner or owners of said land.

Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said street and alley and the
proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code
of Public Local Laws of Maryland and the Charter of
Baltimore City (1964 Revision) as amended to July 1,
1973 and any and all amendments thereto, and any and all
other Acts of the General Assembly of Maryland, and any
and all ordinances of the Mayor and City Council of Bal-
timore, and any and all rules or regulations in effect which
have been adopted by the Director of Public Works and
filed with the Department of Legislative Reference.

488 ORDINANCES Ord. No. 1048

Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved June 14, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1048
(Council No. 2305)

An Ordinance providing for a supplementary loan fund
appropriation in the amount of Two Million Dollars
($2,000,000) to the Department of Housing and Com-
munity Development to be used for making financial
loans to persons or legal entities in connection with ac-
quisition, construction or improvement of buildings in
Baltimore City, including land necessary therefor, which
buildings are to be used for residential purposes, all in
accordance with the Provisions of Article VI, Section
2(h) (3) of the Baltimore City Charter (1964 Revision).

Whereas, the Mayor and City Council of Baltimore was
authorized by Chapter 72 of the Laws of Maryland of
1978, by City Ordinance 784 approved June 26, 1978 and
by ratification of the voters of Baltimore City on Novem-
ber 7, 1978 to borrow an amount not to exceed Six Million
Dollars ($6,000,000) and to issue and sell certificates of
indebtedness for the uses and purposes set forth in said
Chapter and ordinance ; and

Whereas, the money appropriated herein represents a
partial issue of said certificates of indebtedness, such
amount being in excess of the revenues estimated and relied
upon by the Board of Estimates in determining the tax
levy required to balance the budget for the 1979 fiscal year
and are therefore available for appropriation to the De-
partment of Housing and Community Development pur-
suant to the provisions of Article VI, Section 2(h) (3) of
the Baltimore City Charter (1964 Revision) ; and

Whereas, the supplementary loan fund appropriation
ordained herein has been recommended to the City Council

ORDINANCES 489

by the Board of Estimates, said recommendation having
been made at a meeting of said Board held on the 28th day
of March, 1979, all in accordance with Article VI, Section
2(h) (3) of said Charter.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2 of the 1964 revision of the Charter of Baltimore
City the sum of Two Million ($2,000,000) shall be made
available to the Department of Housing and Community
Development as a supplementary loan fund appropriation
for the fiscal year ending June 30, 1979 for the purpose of
making financial loans to persons or legal entities in con-
nection with the acquisition, construction or improvement
of buildings in Baltimore City, including land necessary
therefor, which buildings are to be used for residential
purposes. The amount thus made available as a supple-
mentary loan fund appropriation shall be expended from
revenue derived from the issuance of certificates of in-
debtedness as authorized by the voters of Baltimore City
on November 7, 1978, said amount being in excess of the
amount from this source which was estimated or relied
upon by the Board of Estimates in determining the tax
levy required to balance the budget for the 1979 fiscal year ;
and said funds shall be the source of revenue for this sup-
plementary loan fund appropriation, as required by Article
VI, Section 2 of the 1964 revised Charter of Baltimore
City.

Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved June 14, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1049
(Council No. 2172)

An Ordinance granting permission for the establishment,
maintenance and operation of housing designed for the
elderly on properties known as 206 208-212 W. Monu-

490 ORDINANCES Ord. No. 1049

merit Street, as outlined in red on the plats accompanying
this ordinance, under the provisions of 5.1-ld and 11.06d
of Article 30 of the Baltimore City Code (1976 Edition,
as amended), title "Zoning".

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission be and same is hereby
granted for the establishment, maintenance and operation
of housing designed for the elderly on the property known
as 206 208-212 W. Monument Street, as outlined in red on
the plats accompanying this ordinance, under the provi-
sions of 5.1-ld and 11.06d of Article 30 of the Baltimore
City Code (1976 Edition), title "Zoning".

All ordinances and regulations of the Mayor and City
Council of Baltimore shall be complied within the estab-
lishment and operation of this development.

Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and when the Mayor approves the ordi-
nance, he shall sign the plat. The Director of Finance shall
then transmit a copy of the ordinance and one of the plats
to the following: the Board of Municipal and Zoning Ap-
peals, the Planning Commission, the Commissioner of the
Department of Housing and Community Development and
the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved June 18, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 491

No. 1050
(Council No. 2173)

An Ordinance to amend Sheet No. 35 of the Zoning Maps
of Article 30 of the Baltimore City Code (1976 Edition),
title "Zoning" by changing the property at 2028 Mount
Royal Terrace from the R-9 Zoning District to the R-10
Zoning District, as outlined in red on the plat accom-
panying this ordinance.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 35 of the Zoning Maps of
Article 30 of the Baltimore City Code (1976 Edition), title
"Zoning" be and it is hereby amended by changing from
the R-9 Zoning District to the R-10 Zoning District the
property at 2028 Mount Royal Terrace as outlined in red
on the plat accompanying this ordinance.

Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the Departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and when the Mayor approves the
ordinance he shall sign the plat. The City Treasurer shall
then transmit a copy of the ordinance and one of the plats
to the following: the Board of Municipal and Zoning Ap-
peals, the Planning Commission, the Commissioner of the
Department of Housing and Community Development, and
the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance
shall take effect on the date of its passage.

Approved June 18, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

492 ORDINANCES Ord. No. 1051

No. 1051
(Council No. 2275)

An Ordinance to condemn and close Cleveland Street, 50
feet wide, and extending from Bayard Street, south-
westerly 478.75 feet to Bush Street in accordance with a
plat thereof numbered 333-A-2, prepared by the Surveys
and Records Division and filed in the Office of the Depart-
ment of Public Works, on the Twenty-seventh (27th) day
of February, 1979, and now on file in said office.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn and
close Cleveland Street, 50 feet wide, and extending from
Bayard Street, southwesterly 478.75 feet to Bush Street
the said street hereby directed to be condemned for said
closing being described as follows :

Beginning for the same at the point formed by the inter-
section of the northwest side of Cleveland Street, 50 feet
wide, and the southwest side of Bayard Street, 66 feet
wide, and running thence binding on the southwest side
of said Bayard Street, Southeasterly 50 feet to the south-
east side of said Cleveland Street; thence binding on the
southeast side of said Cleveland Street, Southwesterly
478.75 feet to the northeast side of Bush Street, 66 feet
wide; thence binding on the northeast side of said Bush
Street, Northwesterly 50 feet to the northwest side of said
Cleveland Street and thence binding on the northwest side
of said Cleveland Street, Northeasterly 478.75 feet to the
place of beginning.

the said Cleveland Street as directed to be condemned being
more particularly described and referred to among the
Land Records of Baltimore City and delineated and par-
ticularly shown on a plat numbered 333-A-2 which w T as filed
in the Office of the Department of Public Works on the
Twenty-seventh (27th) day of February in the year 1979,
and is now on file in the said Office.

Sec. 2. And be it farther ordained, That after said high-
way or highways shall have been closed under the provi-

ORDINANCES 493

sions of this ordinance, all subsurface structures and appur-
tenances now owned by the Mayor and City Council of Bal-
timore, shall be and continue to be the property of the
Mayor and City Council of Baltimore, in fee simple, until
the use thereof shall be abandoned by the Mayor and City
Council of Baltimore, and in the event that any person, firm
or corporation shall desire to remove, alter or interfere
therewith, such person, firm or corporation shall first ob-
tain permission and permits therefor from the Mayor and
City Council of Baltimore, and shall in the application for
such permission and permits agree to pay all costs and
charges of every kind and nature made necessary by such
removal, alteration or interference.

Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordinance
until the subsurface structures and appurtenances over
which said buildings or structures are proposed to be con-
structed or erected shall have been abandoned or shall have
been removed and relaid in accordance with the specifica-
tions and under the direction of the Director of Public
Works of Baltimore City, and at the expense of the person
or persons or body corporate desiring to erect such build-
ings or structures. Railroad tracks shall be taken to be
"structures" within the meaning of this section.

Sec. 4. And be it further ordained, That on and after the
closing of said highway or highways, the said Mayor and
City Council of Baltimore, acting through its duly author-
ized representatives, shall, at all times, have access to said
property and to all subsurface structures and appurte-
nances used by it therein, for the purposes of inspection
maintenance, repair, alteration, relocation and/or replace-
ment, of any or all of said structures and appurtenances,
and this without permission from or compensation to the
owner or owners of said land.

Sec. 5. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said Cleveland Street and the

494 ORDINANCES Ord. No. 1052

proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code of
Public Local Laws of Maryland and the Charter of Balti-
more City (1964 Revision) as amended to July 1, 1973 and
any and all amendments thereto, and any and all other Acts
of the General Assembly of Maryland, and any and all ordi-
nances of the Mayor and City Council of Baltimore, and any
and all rules or regulations in effect which have been
adopted by the Director of Public Works and filed with the
Department of Legislative Reference.

Sec. 6. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved June 18, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1052
(Council No. 2307)

An Ordinance to approve the application of the Department
of Housing and Community Development on behalf of the
Mayor and City Council of Baltimore, owner of the prop-
erty lying generally along Colgate Creek within the Hola-
bird Industrial Park, which is situated between Broening
Highway and Dundalk Avenue, south of Holabird Ave-
nue, and consisting of 40 acres, more or less, to have said
property designated an Industrial Planned Development
in accordance with Sections 12.0-1 and 12.0-5 of Article
30 of the Baltimore City Code (1976 Edition) ; and to
approve the Development Plan submitted by the Mayor
and City Council.

Whereas, the Mayor and City Council of Baltimore is the
owner of the property lying generally along Colgate Creek
within the Holabird Industrial Park, which is situated be-
tween Broening Highway and Dundalk Avenue, south of

ORDINANCES 495

Holabird Avenue, and consisting of 40 acres, more or less ;
and

Whereas, On March 26, 1979, the Baltimore Economic
Development Corporation representing the Mayor and City
Council met with the Department of Planning of Baltimore
City, to hold a Pre-Petition Conference to explain the scope
and nature of existing and proposed development on the
property in order to institute proceedings to have said prop-
erty designated an Industrial Planned Development; and

Whereas, together herewith the Department of Housing
and Community Development on behalf of the Mayor and
City Council of Baltimore made formal application to the
City Council of Baltimore City and has submitted the
requisite development plan, including the following : Overall
Development Plan, Sheet No. 1, Revised March 26, 1979;
Site Development Plan, Sheet No. 2, Revised March 26,
1979; and Architectural Elevations for proposed build-
ing for raquetball facility, Revised March 26, 1979, in-
tended to satisfy the requirements specified in Sections
12.0-1 and 12.0-5 of Article 30 of the Baltimore City Code
(1976 Edition) ; now therefore

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the application of owner of the property
lying generally along Colgate Creek within the Holabird In-
dustrial Park, which is situated between Broening Highway
and Dundalk Avenue, south of Holabird Avenue, and con-
sisting of 40 acres, more or less, as outlined in the Develop-
ment Plan accompanying this ordinance to designate said
property an Industrial Planned Development pursuant to
Article 30, Section 12.0-1 and 12.0-5 of the Baltimore City
Code (1976 Edition) , be and it is hereby approved.

Sec. 2. And be it further ordained, That the Develop-
ment Plan submitted by the Mayor and City Council, at-
tached hereto and made a part hereof, be and it is hereby
approved.

Sec. 3. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the au-
thenticity of the Development Plan which is a part hereof
and in order to give notice to the departments which are ad-

496 ORDINANCES Ord. No. 1053

ministering the Zoning Ordinance, the President of the City-
Council shall sign the Development Plan, and when the
Mayor approves the ordinance, he shall sign the Develop-
ment Plan. The Director of Finance shall then transmit a
copy of the ordinance and the Development Plan to the
Board of Municipal and Zoning Appeals, the Planning Com-
mission, and the Zoning Administration.

Sec. 4. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.

Approved June 18, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1053
(Council No. 2312)

An Ordinance to amend the Renewal Plan for Mid-Town
Belvedere, which Plan was originally approved by Ordi-
nance No. 1037, dated December 1, 1975, to, among other
things; (1) authorize the acquisition of certain proper-
ties, by purchase or by condemnation, for urban renewal
purposes; (2) prohibit sandblasting as a means of clean-
ing masonry facades on all non rosidontial uses desig-
nated for rehabilitation and provide penalties for violat-
ing this prohibition; (3) recommend closing the 4&QQ
block of Morton Str e et an4 adjac e nt alloys; 12-FOOT
WIDE ALLEY SOUTH OF 131-41 W. MOUNT ROYAL
AVENUE; (4) change the land use of certain disposi-
tion lots; (5) stipulate controls restricting alterations
or change in occupancy of certain buildings for more
than 5 dwelling units per building in designated parts
of the project; (6) establish and/or change certain land
uses within the area; (7) revise certain appendices and
exhibits attached to said plan to indicate changes pro-
vided herein; (8) waive such requirements, if any, as to
content or procedure for the preparation, adoption, and
approval of renewal plans as set forth in Section 25 of
Article 13 of the Baltimore City Code (1976 Edition, as

ORDINANCES 497

amended), which the Renewal Plan for Mid-Town Bel-
vedere may not meet; (9) provide that the approval of
Amendment No. 4 to the Urban Renewal Plan for Mid-
Town Belvedere shall not be construed as an enactment
of such amendments to the Zoning Ordinance as are
proposed in said Urban Renewal Plan; (10) provide for
the separability of the various parts and applications of
this ordinance; (11) provide that where the provisions
of this ordinance shall conflict with any other ordinance,
code or regulations, the provision which establishes the
higher standard shall prevail; and (12) provide for an
effective date hereof.

Whereas, the Renewal Plan for Mid-Town Belvedere
was approved by the Mayor and City Council of Baltimore
by Ordinance No. 1037, dated December 1, 1975, and last
amended by Ordinance No. 615, dated February 8, 1978;
and

Whereas, pursuant to Section 25, Article 13 of the Bal-
timore City Code (1976 Edition, as amended), no substan-
tial change or changes shall be made in any renewal plan,
after approval by ordinance, without such change or
changes first being adopted and approved in the same man-
ner as set forth in said Section 25 for the approval of
renewal plans, namely the preparation of such change or
changes by the Department of Housing and Community
Development, the approval of such change or changes by
the Director of the Department of Planning, and approval
and adoption by an ordinance of the Mayor and City
Council of Baltimore after a public hearing in relation
thereto, all in the manner set forth in said Section 25 ; and

Whereas, extensive changes in the Renewal Plan for
Mid-Town Belvedere make it infeasible to make line-by-
line changes; therefore, the Department of Housing and
Community Development has prepared an amended Urban
Renewal Plan for Mid-Town Belvedere ; and

Whereas, said amended Renewal Plan for Mid-Town
Belvedere has been approved by the Director of the De-
partment of Planning with respect to its conformity as to
the Master Plan, the detailed location of any public im-
provements proposed in the amended Renewal Plan, its

498 ORDINANCES Ord. No. 1053

conformity to the rules and regulations for subdivisions,
and all zoning changes proposed in the amended Renewal
Plan; and the said amended Renewal Plan has been ap-
proved and recommended to the Mayor and City Council
of Baltimore by the Commissioner of the Department of
Housing and Community Development, now, therefore,

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the amended Urban Renewal Plan for
Mid-Town Belvedere, identified as "Urban Renewal Plan,
Mid-Town Belvedere . . . revised to include Amendment
No. 4, dated January 8, 1979 AND REVISED MAY 23,
1979", is hereby approved and the Clerk of the City Coun-
cil is hereby directed to file a copy of said amended Urban
Renewal Plan with the Department of Legislative Refer-
ence as a permanent public record and to make the same
available for public inspection and information.

Sec. 2. And be it further ordained, That it is necessary
to acquire by purchase or by condemnation, for urban re-
newal purposes, the fee simple interest or any lesser in-
terest in and to certain properties or portions thereof
together with all right, title, interest, and estate that the
owner or owners of said property interests may have in
all streets, alleys, ways or lanes, public or private, both
abutting the whole area described and/or contained within
the perimeter of said area, situate in Baltimore City,
Maryland, and described as follows :

1321 N. CHARLES STREET

1323 N. CHARLES STREET

1016 GUILFORD AVENUE

1225 Maryland Avenue

200-02 E. PRESTON STREET

19 W. Preston Street

15 17 Wt Mount Royal Avonuo

19 - 21 ¥r Mount Royal Avonuo

25 31 W-t Mount Royal Avonuo

131 41 Wr Mount Royal Avonuo

WARD 11, SECTION 12, BLOCK 508, LOT 2A

ORDINANCES 499

Sec. 3. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the Board
of Estimates, in the exercise of the power vested in it by
Article V, Section 5 of the Baltimore City Charter, may
hereafter from time to time designate is or are authorized
to acquire on behalf of the Mayor and City Council of
Baltimore and for the purposes described in this ordi-
nance, the -fee simple interest or any lesser interest in and
to the properties or portions thereof hereinabove men-
tioned. If the said Real Estate Acquisition Division of the
Department of the Comptroller, or such person or persons,
and in such manner as the Board of Estimates in the
exercise of the power vested in it by Article V, Section 5
of the Baltimore City Charter, may hereafter from time
to time designate, is or are unable to agree with the owner
or owners on the purchase price for said properties or
portions thereof, it or they shall forthwith notify the City
Solicitor of Baltimore City, who shall thereupon institute
in the name of the Mayor and City Council of Baltimore
the necessary legal proceedings to acquire by condemna-
tion the fee simple interest or any lesser interest in and
to said properties or portions thereof.

Sec. 4. And be it further ordained, That in addition to
the standards to be applied to all non - rosidontial uses
designated for rehabilitation within the project area as
set forth in Ordinance No. 374, dated June 28, 1977, the
following standard shall also be applied:

Cleaning of masonry facades by means of sand-
blasting shall not be permitted.

Sec. 5. And be it further ordained, That any person
guilty of violating the provisions contained in Section 4 of
this ordinance shall be guilty of a misdemeanor and shall
be subject to a fine not exceeding One Hundred Dollars
($100.00) and that each day's violation shall constitute a
separate oifense.

Sec. 6. And be it further ordained, That the approval of
Amendment No. 4 to the Urban Renewal Plan for Mid-
Town Belvedere shall not be construed as an enactment of

500 ORDINANCES Ord. No. 1053

such amendments to the Zoning Ordinances as are pro-
posed in said Urban Renewal Plan.

Sec. 7. And be it further ordained, That in whatever
respect, if any, the Renewal Plan approved hereby for the
Mid-Town Belvedere area may not meet the requirements
as to the content of a renewal plan or the procedure for
the preparation, adoption, and approval of renewal plans
as provided in Section 25, Article 13 of the Baltimore City
Code (1976 Edition, as amended), the said requirements
are hereby waived and the amended Renewal Plan ap-
proved hereby is exempted therefrom.

Sec. 8. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall
not be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the applica-
tion thereof so held invalid.

Sec. 9. And be it further ordained, That in any case
where a provision of this ordinance concerns the same
subject matter as an existing provision of any zoning,
building, electrical, plumbing, health, fire or safety code or
regulation, the applicable provisions concerned shall be
construed so as to give effect to each; provided, however,
that if such provisions are found to be in irreconcilable
conflict, the provision which establishes the higher stand-
ard for the promotion of the public health and safety shall
prevail. In any case where a provision of this ordinance
is found to be in conflict with an existing provision of any
other ordinance or code or regulation in force in the City
of Baltimore which establishes a lower standard for the
promotion and protection of the public health and safety,
the provision of this ordinance shall prevail, and the other
existing provision of such other ordinance or code or regu-
lation is hereby repealed to the extent that it may be found
in conflict with this ordinance.

ORDINANCES 501

Sec. 10. And be it further ordained, That this ordinance
shall take effect from the date of its passage.

Approved June 18, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1054
(Council No. 2347)

An Ordinance to amend the Urban Renewal Plan for the
Reservoir Hill Area, which Plan was originally approved
by Ordinance No. 33, dated April 10, 1972, to, among
other things, (1) authorize the acquisition by the Mayor
and City Council of Baltimore of certain properties, by
purchase or by condemnation, for urban renewal pur-
poses; (2) add a standard to the High Intensity Resi-
dential uses in the Plan to limit the number of dwelling
units on 2028 Mount Royal Terrace to 21 units; (3) pro-
hibit sandblasting as a means of cleaning masonry
facades on all residential and non-residential uses, and
provide a penalty for violating this prohibition; (4) re-
vise certain appendices and exhibits attached to said plan
to indicate changes provided herein; (5) waive such re-
quirements, if any, as to content or procedure for the
preparation, adoption, and approval of renewal plans as
set forth in Article 13 of the Baltimore City Code (1976
Edition, as amended), which the Renewal Plan for
Reservoir Hill may not meet; (6) provide for the separa-
bility of various parts and application of this ordinance ;
(7) provide that where the provisions of this ordinance
shall conflict with any other ordinance, code or regula-
tion, the provision which establishes the higher standard
shall prevail; and (8) provide for an effective date
hereof.

Whereas, the Renewal Plan for Reservoir Hill was ap-
proved by the Mayor and City Council of Baltimore by Ordi-
nance No. 33, dated April 10, 1972, and last amended by

502 ORDINANCES Ord. No. 1054

Ordinance No. 695, dated fee 44r 4OTG APRIL 17, 1978 ;
and

Whereas, pursuant to Section 25, Article 13 of the Bal-
timore City Code (1976 Edition, as amended), no sub-
stantial change or changes shall be made in any renewal
plan, after approval by ordinance, without such change or
changes first being adopted and approved in the same man-
ner as set forth in said Section 25 for the approval of re-
newal plans, namely the preparation of such change or
changes by the Department of Housing and Community De-
velopment, the approval of such change or changes by the
Director of the Department of Planning, and approval and
adoption by an ordinance of the Mayor and City Council of
Baltimore after a public hearing in relation thereto, all in
the manner set forth in said Section 25 ; and

Whereas, extensive changes in the Renewal Plan for
Reservoir Hill make it infeasible to make line-by-line
changes; therefore, the Department of Housing and Com-
munity Development has prepared an amended Urban Re-
newal Plan for Reservoir Hill ; and

Whereas, said amended Renewal Plan for Reservoir Hill
has been approved by the Director of the Department of
Planning with respect to its conformity as to the Master
Plan, the detailed location of any public improvements pro-
posed in the amended Renewal Plan, its conformity to the
rules and regulations for subdivisions, and its conformity
to existing zoning classifications; and said amended Urban
Renewal Plan has been approved and recommended to the
Mayor and City Council of Baltimore by the Commissioner
of the Department of Housing and Community Develop-
ment, now, therefore,

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the amended Urban Renewal Plan for
Reservoir Hill, identified as "Urban Renewal Plan, Res-
ervoir Hill . . . revised to include Amendment No. 6, dated
April 10, 1979", is hereby approved and the Clerk of the
City Council is hereby directed to file a copy of said
amended Urban Renewal Plan with the Department of
Legislative Reference as a permanent public record and to
make the same available for public inspection and informa-
tion.

ORDINANCES 503

Sec. 2. And be it further ordained, That it is necessary
to acquire by purchase or by condemnation, for urban re-
newal purposes, the fee simple interest or any lesser in-
terest in and to certain properties or portions therof to-
gether with all right, title, interest, and estate that the
owner or owners of said property interests may have in
all streets, alleys, ways or lanes, public or private, both
abutting the whole area described and/or contained within
the perimeter of said area, situate in Baltimore City, Mary-
land, and described as follows :

2203 Brookfiold Avonuo
2238 Brookfield Avenue

2300 Callow Avenue
2308 Callow Avenue
2426 Callow Avenue

2414 Lakeview Avenue
2470 Lakeview Avenue

726 Lennox Street

2014 Linden Avenue
222? Lind o n Avonuo
2243 Linden Avenue
2248 Linden Avenue
2250 Linden Avenue
2428 Linden Avenue

2531 Madison Avenue
2542 Madison Avenue

739 Newington Avenue
904 Newington Avenue

740 Reservoir Street

809 Whitelock Street
908 Whitelock Street
934 WHITELOCK STREET
1013 Whitelock Street

504 ORDINANCES Ord. No. 1054

hereafter from time to time designate, is or are authorized
to acquire on behalf of the Mayor and City Council of Bal-
timore and for the purposes described in this ordinance, the
fee simple interest or any lesser interest in and to the prop-
erties or portions thereof hereinabove mentioned. If the
said Real Estate Acquisition Division of the Department
of the Comptroller, or such person or persons, and in such
manner as the Board of Estimates in the exercise of the
power vested in it by Article V, Section 5 of the Baltimore
City Charter, may hereafter from time to time designate,
is or are unable to agree with the owner or owners on the
purchase price for said properties or portions thereof, it or
they shall forthwith notify the City Solicitor of Baltimore
City, who shall thereupon institute in the name of the
Mayor and City Council of Baltimore the necessary legal
proceedings to acquire by condemnation the fee simple
interest or any lesser interest in and to said properties or
portions thereof.

SEC. 4. AND BE IT FURTHER ORDAINED, THAT
IN ADDITION TO THE STANDARDS FOR PERMIT-
TED USES IN SECTION B1A— HIGH INTENSITY
RESIDENTIAL THAT THE FOLLOWING STANDARD
SHALL ALSO APPLY:

NO MORE THAN 21 DWELLING UNITS SHALL BE
PERMITTED IN THE PROPERTY KNOWN AS 2028
MOUNT ROYAL TERRACE.

Sec. 4t 5. And be it further ordained, That in addition to
the standards to be applied to all residential and non-resi-
dential uses designated for rehabilitation within the project
area as set forth in Ordinance No. 33, dated April 10,
1972, as amended by Ordinance No. 839, dated March 31,
1975, the following standard shall also be applied:

Cleaning of masonry facades by means of sandblasting
shall not be permitted.

Sec. 5* 6. And be it further ordained, That any person
guilty of violating the provision contained in Section 4 5
of this ordinance shall be guilty of a misdemeanor and
shall be subject to a fine not exceeding One Hundred Dol-

ORDINANCES 505

lars ($100.00) and that each day's violation shall consti-
tute a separate offense.

Sec. 6t 7. And be it further ordained, That in whatever
respect, if any, the Renewal Plan approved hereby for the
Reservoir Hill area may not meet the requirements as to
the content of a renewal plan or the procedure for the prep-
aration, adoption, and approval of renewal plans as pro-
vided in Article 13 of the Baltimore City Code (1976 Edi-
tion, as amended), the said requirements are hereby waived
and the amended Renewal Plan approved hereby is ex-
empted therefrom.

Sec. ?» 8. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances is
invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby de-
claring that they would have ordained the remaining pro-
visions of this ordinance without the word, phrase, clause,
sentence, paragraph, section or part or the application
thereof so held invalid.

Sec. &• 9. And be it further ordained, That in any case
where a provision of this ordinance concerns the same sub-
ject matter as an existing provision of any zoning, building,
electrical, plumbing, health, fire or safety code or regu-
lation, the applicable provisions concerned shall be con-
strued so as to give effect to each ; provided, however, that
if such provisions are found to be in irreconcilable conflict,
the provision which establishes the higher standard for the
promotion of the public health and safety shall prevail.
In any case where a provision of this ordinance is found
to be in conflict with an existing provision of any other
ordinance or code or regulation in force in the City of Bal-
timore which establishes a lower standard for the pro-
motion and protection of the public health and safety, the
provision of this ordinance shall prevail, and the other
existing provision of such other ordinance or code or regu-
lation is hereby repealed to the extent that it may be found
in conflict with this ordinance.

506 ORDINANCES Ord. No. 1055

Sec. ^t 10. And be it further ordained, That this ordi-
nance shall take effect from the date of its passage.

Approved June 18, 1979.

WILLIAM DONALD SCHAEFER, Mayor.

No. 1055
(Council No. 1455)

An Ordinance to repeal and reordain, with amendments,
paragraphs (3), (10) and (14) of Section 1; Section 2;
subsections (a), (d), (g) (1) , (G) (2) and (g)(3) of
Section 3 ; subsections (b) and (e) of Section 4 ; subsec-
tions (a), (g), (1) and (q) of Section 5; subsections (a),
(b)(4), (5), (6), (7), (8), (9), (10), (11), (12), (13),
(c), (d)(3), (4), (5), (6), (7), (8), (9), (10), (11),
(e), (f)(3), (4), (5), (6), (7), (8), (9), (10), (11),
(h)(3), (4), (5), (6), (7), (i)(l), (6), (7), (8), (n)
and (o) of Section 6; subsections (a) (1), (2), (3) and ,
(4), AND (C)(2) of Section 8; Section 16; and Section
42 of Article 22 of the Baltimore City Code (±966 1976
Edition), as amended, title "Retirement Systems, ,, sub-
title "Employees' Retirement System" ; to add new para-
graphs (22), (23), (24), (25), (26), (27), (28) and
(29) to Section 1; new PARAGRAPH (14) OF SUB-
SECTION (B) AND NEW subsection (p) to Section 6;
and new Section 9 to said Article 22, title "Retirement
Systems/' subtitle "Employees' Retirement System"; to
add a new subsection (p) to Section 34 of Article 22 of
the Baltimore City Code (±&66 1976 Edition), as
amended, title "Retirement Systems," subtitle "Fire and
Police Employees"; to add new subsections (a) and (b)
to Section 44 of Article 22 of the Baltimore City Code
(±&66 1976 Edition), as amended, title "Retirement Sys-
tems," subtitle "Police Department, Special Fund"; and
to add a new S o ction ±4g to SUBSECTION (A) TO
SECTION 16 OF Article 9 of the Baltimore City Code
(4&66 1976 Edition), as amended, title "Fire Department
and Fire Code," subtitle "Retirement Benefits for Certain
Firemen's Dependents" ; revising and adding certain

ORDINANCES 507

definitions; clarifying benefits of Class A and Class B
members of the Employees' Retirement System ; increas-
ing certain benefits to certain members and beneficiaries
of the Employees' Retirement System and the Fire and
Police Employees Retirement System; creating and pro-
viding certain benefits for a new Class C membership in
the Employees' Retirement System; providing for trans-
fer of Class A and Class B membership to Class C mem-
bership^ in the Employees' Retirement System ; increas-
ing benefits of certain widows of former members of the
Police Department and the Fire Department, and gen-
erally pertaining to said Retirement Systems and to
certain related matters.

Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That paragraphs (3), (10) and (14) of
Section 1 of Article 22 of the Baltimore City Code (±&6G
1976 Edition), as amended, title "Retirement Systems",
subtitle "Employees' Retirement System", be and they are
hereby repealed and reordained, with amendments, to read
as follows:

1. Definitions.

(3) "Member" shall mean any person included in the
membership of the system as provided in Sections 3 and
9 of this subtitle.

(10) "Accumulated Contributions" shall mean the sum
of all the amounts deducted from the compensation of a
member, and any other additional amounts as provided
under this subtitle, credited to his individual account in the
Annuity Savings Fund, together with regular interest
thereon as provided in paragraph (9) of this Section and
pursuant to the provisions contained in Sections 7 [and]
, 8 and 9 of this subtitle.

(14) "Retirement" shall mean withdrawal from active
service with a retirement allowance or pension, granted or
deferred under the provisions of this subtitle. However, the
deferment of the receipt of the retirement allowance or
pension must be at the option of the member.

Sec. 2. And be it further ordained, That Section 2 of
Article 22 of the Baltimore City Code (±£G6 1976 Edition),

508 ORDINANCES Ord. No. 1055

as amended, title "Retirement Systems", subtitle "Em-
ployees' Retirement System", be and it is hereby repealed
and reordained, with amendments, to read as follows:

2. Name and date operative.

A retirement system is hereby established and placed
under the management of the Board of Trustees for the
purpose of providing retirement allowances , pensions and
other incidental benefits under the provisions of this sub-
title for employees of the City of Baltimore who become
members of this retirement system. It shall be known as
the "Employees' Retirement System of the City of Balti-
more." The Retirement System so created shall begin oper-
ation as of the first day of January, nineteen hundred and
twenty-six.

Sec. 3. And be it further ordained, That subsections (a),
(d), (g) (1) , (G) (2) and (g) (3) of Section 3 of Article
22 of the Baltimore City Code (4&S6 1976 Edition), as
amended, title "Retirement Systems", subtitle "Employees'
Retirement System", be and they are hereby repealed and
reordained, with amendments, to read as follows:

3. Membership.

(a) Membership. Membership in the Retirement System
shall begin not earlier than the first day of January, nine-
teen hundred and twenty-six. The membership shall con-
sist of the following :

All persons who become employees before July
1, 1978 - 1979 and all employees who enter or re-enter the
employment of the City of Baltimore after the first day of
January, nineteen hundred and twenty-six but before July
1, 197S 1979, with the exception of those employees who are
required to join either Maryland State or other Retirement
Systems, may become members on their own application,
and all such employees who shall complete two years of
employment thereafter, shall become members of the Re-
tirement System, and shall receive no pensions or retire-
ment allowance from any pension or retirement system
supported wholly or in part by the City of Baltimore, nor
shall they be required to make contributions to any other

ORDINANCES 509

pension or retirement system of said City, anything to the
contrary notwithstanding, except as to membership in,
obligations under and benefits from the Social Security
System, established by the Act of Congress known gener-
ally as 'The Social Security Act of 1935" as amended from
time to time.

All persons who become employees and all employees who
enter or re-enter the employment of the City of Baltimore
on or after July 1, 4-&Z8- 1979, shall be subject to the provi-
sions contained in Section 9 of this subtitle. HOWEVER,
NOTWITHSTANDING ANYTHING TO THE CON-
TRARY, ANY CLASS A OR CLASS B MEMBER WHO
IS LAID OFF, PLACED ON A RE-EMPLOYMENT
LIST, AND WHO RETURNS TO CITY EMPLOYMENT
FROM SUCH RE-EMPLOYMENT LIST, SHALL IMME-
DIATELY ONCE AGAIN BECOME A CLASS A OR
CLASS B MEMBER.

However, the Board of Estimates may authorize mem-
bership for any class of part-time employees; provided,
however, that such membership shall be prospective only.

(d) Absence from service. Should an4 ANY Class A or
Class B member cease to be an employee of the City of
Baltimore and not be entitled to any benefits provided for
under this subtitle, he shall thereupon cease to be a mem-
ber and the balance in his Annuity Savings Account, with
interest to the date he left City employment, with the ex-
ception of military service credit provided for in Section 4
(e) of this subtitle, shall be refunded. Any Class C Member
who is absent without pay for more than thirty (30) con-
secutive days from City employment without an authorized
leave of absence and who is not eligible for any benefits
under this subtitle shall thereupon cease to be a Member
of this Retirement System and the Member's accumulated
contributions, if any, shall be refunded with interest to the
date the Member left City employment.

(g) Classes of Membership. On and after January 1,
1954, there shall be two classes of members to be known
as Class A and Class B members, and beginning July 1,
1978 - 1979, there shall be a third class of members to be
known as Class C members, and to be defined as follows :

510 ORDINANCES Ord. No. 1055

(1) Class A members shall be all new employees before
July 1, 197S 1979, who enter the membership on or after
January 1, 1954, and any member in service on January 1,
1954, who elects [prior to April 1, 1954,] on a form ap-
proved by the Board, to contribute at a rate of contribution
computed to provide an annuity at age sixty (60) of one
one-hundred-twentieth (1/120) of average final compensa-
tion, multiplied bv the number of years of service after
March 31, 1954. ANY SCHOOL CROSSING GUARD, PO-
LICE DEPARTMENT METER MONITORS OR LINE-
MEN TRANSFERRED TO THIS SYSTEM PURSUANT
TO SECTION 30(2) OF THIS ARTICLE SHALL BE
CLASSIFIED IN THIS SYSTEM AS A CLASS A. MEM-
BER, AND SHALL NOT BE CHARGED WITH ANY
DEFICIT RESULTING FROM THE DIFFERENCE IN
CONTRIBUTION RATES BETWEEN THE FIRE AND
POLICE EMPLOYEES RETIREMENT SYSTEM AND
THIS SYSTEM IN THE CALCULATION OF SAID
MEMBER'S RETIREMENT ALLOWANCE AT THE
TIME OF RETIREMENT. The pension at service retire-
ment on account of each year of prior service for Class A
members shall be one-sixtieth (1/60) of average final
compensation, and the pension on account of each year of
service since January 1, 1926 shall be one one-hundred-
twentieth (1/120) of average final compensation.

(2) CLASS B MEMBERS SHALL BE MEMBERS IN
SERVICE ON JANUARY 1, 1954, WHO DO NOT
ELECT, PRIOR TO APRIL 1, 1954, TO CONTRIBUTE
AT THE HIGHER RATE APPLICABLE TO CLASS A
MEMBERS. THE TERM "CLASS B MEMBERS" ALSO
INCLUDES THOSE MEMBERS IN SERVICE WHO DO
NOT BECOME CLASS A MEMBERS PURSUANT TO
THE PROVISIONS [OF PARAGRAPH (3)] OF THIS
SUBSECTION. THE PENSION AT SERVICE RETIRE-
MENT ON ACCOUNT OF EACH YEAR OF PRIOR
SERVICE FOR CLASS B MEMBERS SHALL BE ONE
SIXTY-FIFTH (1/65) OF AVERAGE FINAL COMPEN-
SATION, AND THE PENSION ON ACCOUNT OF
EACH YEAR OF SERVICE SINCE JANUARY 1, 1926,
SHALL BE ONE ONE-HUNDRED-THIRTIETH (1/130)
OF AVERAGE FINAL COMPENSATION.

ORDINANCES 511

[(3)] Any time on or after December 1, 1975, any Class
B member in the Retirement System may elect to become
a Class A member. Such election shall be contingent upon
said member's depositing, py BY a lump-sum payment or
by an increased rate of contribution, the amount neces-
sary to obtain an Annuity Savings Account balance equal
to the balance such account would contain if said member
had elected to become a Class A member on January 1,
1954. Said k payments by the member to obtain Class A
membership shall be paid in full ninety (90) days before
the effective date of his retirement. If said payments are
not paid in full at the time of the members retirement or
death, any retirement benefits payable shall be the actu-
arial equivalent of the payments made by the member.

(3) Class C members shall be all Members as defined in
Section 9(a).

Sec. 4. And be it further ordained, That subsections (b)
and (e) of Section 4 of Article 22 of the Baltimore City
Code (±&6S 1976 Edition), as amended, title "Retirement
Systems", subtitle "Employees Retirement System", be and
they are hereby repealed and reordained, with amend-
ments, to read as follows :

4. Service creditable.

(b) Computation of service. The Board of Trustees,
for Class A and Class B Members, shall fix and determine
by appropriate rules and regulations